Home -> Law Blog Directory -> Legal Commentary Blogs -> Althouse

Legal Commentary

: Althouse

There will be math.

Yesterday, I said that, contrary to Arlen Specter's assertion, black people are not underrepresented on the Supreme Court. I noted the presence of Clarence Thomas, the fact that 1 is 11.1111 percent of 9, 2 is 22.2222 percent of 9, and that African-Americans make up 13.4% of the U.S. population.

In the comments, JackOfClubs defended Spector:

Technically, he's right since 11.11...% is less than 13.4%. To get an accurate representation, we would need 0.134 * 9 = 1.206 black people on the Court. This could be achieved if the next candidate were 13/64 = .203125 black, i.e. if 13 of his or her great-great-great-great grandparents were black and the other 51 were some other race. This approximation would be precise to the 2nd decimal place which is really all we can expect given that the original statistic of 13.4% is probably rounded. A slightly more precise approximation could be achieved by looking for someone 53/256 = .2070312 black, but that would just be silly.

More math satire, from Mike S:

The views of Blacks (13% of the population) are only under-represented on the court if they are on the LOSING end of an 8-1 or 9-0 decision. If they are on the losing end of 7-2, 6-3, or 5-4 decisions, or on the winning side of any decision, they are over-represented.

The views of whites (60% of the population), on the other hand, are under-represented if they are on the LOSING end of ANY decision.

Therefore, to be fair, all supreme court cases should be decided by a nationwide poll of white people.

Full post as published by Althouse on May 04, 2009 (boomark / email).