Utah v. Evans, 536 U.S. 452, 33 (2002)

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484

UTAH v. EVANS

Opinion of O'Connor, J.

only in degree from other forms of sampling. See ante, at 471 (stating that the sampling at issue in House of Representatives differs "in degree if not in kind" from the imputation at issue here). But the majority provides no statistical basis for claiming a difference of degree matters to the question of what constitutes sampling, nor does it explain how a meaningful line between sampling and nonsampling could be drawn on such a basis.

Second, the majority contends that imputation is not sampling because the sample selection method used by the Bureau does not look like "typica[l]," ante, at 467, selection methods in terms of when or how the relevant sample is selected. With respect to when a sample is selected, the majority contends that imputation is not sampling because it occurs after all data have been collected. See ante, at 466. This presumes that one cannot sample from already-collected data. But sampling from collected data is a recognized form of sampling, even when the collected data result from an attempt to survey the entire population. See Yates, supra, at 128.

With respect to how a sample is selected, the majority argues that imputation does not look like methods employed "to find a subset that will resemble a whole through the use of artificial, random selection processes." Ante, at 467. But the Bureau's "nearest neighbor" imputation process is just as artificial as any other form of nonrandom selection, and it is beyond dispute that nonrandom selection methods— including those that produce nonrepresentative samples— may be used for sampling. See, e. g., W. Hendricks, Mathematical Theory of Sampling 239-241 (1956); P. Sukhatme, Sampling Theory of Surveys with Applications 10 (1954); F. Stephan, History of the Uses of Modern Sampling Procedures, 43 J. Am. Statistical Assn. 12, 21 (1948) (all indicating that nonrandom selection methods may be used for sampling); see also Yates, supra, at 17; R. Jessen, Statistical Survey Techniques 16 (1978); W. Deming, Sample Design in

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