Will the Supreme Court become Probabilistic?

If this case gets acccepted by the US Supreme Court, it is going to be awful, just awful. A Guaitanamo detainee is appealing his case on the basis that the previous rule was wrongfully made using arguments of conditional probabilities. Keep in mind that this is the very same Supreme Court (well, Kagen is new, but the other 8 are the same) that previously stated 2 + 2 = 5, so how are they going to understand probabilities, their proper use and potential for abuse?