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Justice Ketanji Brown Jackson's glaring error in her dissent on affirmative action
Hotair ^ | 07/06/2023 | John Sexton

Posted on 07/06/2023 9:16:21 PM PDT by SeekAndFind

Mistakes happen to all of us but that doesn’t mean they aren’t pretty embarrassing. That’s especially true when the claim being made is a) obviously improbable and b) you have an entire staff of helpers who also somehow missed it. Justice Ketanji Brown Jackson made the mistake in her dissent on affirmative action.

Beyond campus, the diversity that UNC pursues for the betterment of its students and society is not a trendy slogan. It saves lives. For marginalized communities in North Carolina, it is critically important that UNC and other area institutions produce highly educated professionals of color. Research shows that Black physicians are more likely to accurately assess Black patients’ pain tolerance and treat them accordingly (including, for example, prescribing them appropriate amounts of pain medication). For high-risk Black newborns, having a Black physician more than doubles the likelihood that the baby will live, and not die.

The NY Times wrote an editorial about the affirmative action decision which highlighted this particular claim.

…diversity — whether on campus, in business, or in government and society at large — remains a vital goal for any institution, and it will now be more difficult to achieve. The word is not a “trendy slogan,” as Justice Jackson wrote in her dissent. Diversifying medical schools by opening up the profession to Black physicians can save lives, she notes. Black infants, for example, are more likely to survive under the care of a Black doctor.

That dramatic claim about diversity saving the lives of black babies was apparently handed to Jackson in an amicus brief submitted by the Association of American Medical Colleges. However, the AMC and Jackson were both way off in their claims about the study.

…the study does not claim to find a doubling in survival rates for black newborns who have a black attending doctor. Instead, in its most fully specified model, it reports that 99.6839% of black babies born with a black attending physician survived compared with 99.5549% of black babies born with white attending physicians, a difference of 0.129%.

The survival rate of 99.6839% is not double 99.5549%.

The claim that survival rates for black newborns double when they have black physicians is just plain false. The fact that neither the Association of American Medical Colleges nor Jackson’s clerks could read and properly understand a medical study is an alarming indication for the current state of both medical and legal education.

It is true that black women have a much higher infant mortality rate which seems to be connected to low birthweight. The exact causes of that gap are not know though it is known that black women are significantly less likely (about 14%) to get prenatal care. All that to say, the racial gap in infant mortality which Jackson was talking about does exist but the specific claim that black babies are twice as likely to survive with black doctors is false. Working backwards, her claim based on this, that diversity “saves lives,” seems a little shaky.

This wasn’t the only obvious error in progressive dissents. Justice Sotomayor also made at least one in her dissent on the 303 Creative case:

Sotomayor also used the 2016 mass murder at the gay-friendly Pulse nightclub in Orlando Fla., to prove “significantly higher… rates of violent victimization” for LGBT people. Omar Mateen, the Pulse shooter, confirmed after the massacre that he planned to attack Disney World, was deterred by the park’s police presence, and resolved to shoot up the first Google search result for “Orlando nightclubs.” Although the media claimed that the Pulse shooter specifically targeted gay people, the FBI has found no evidence to prove such.

This seems like a pretty simple thing to get right. If you type “Pulse nightclub shooting” into Google, the first result is a Wikipedia page which reads:

In July 2016, law enforcement officials reported that the FBI—after conducting “interviews and an examination of his computer and other electronic media”—had not found any evidence that Mateen targeted Pulse because the nightclub was a venue for gays or whether the attack was motivated by homophobia. According to witnesses, he did not make any homophobic comments during the shooting. Furthermore, nothing has been found confirming the speculation that he was gay and used gay dating apps; however, the FBI “has found evidence that Mateen was cheating on his wife with other women”. Officials noted that “there is nothing to suggest that he attempted to cover up his tracks by deleting files”.

Again, everyone makes mistakes but when you have an entire staff to check on things like this for you, they should be easier to avoid.



TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: affirmativeaction; error; kbj; pulsenightclub; scotus; sotomayor
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1 posted on 07/06/2023 9:16:21 PM PDT by SeekAndFind
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To: SeekAndFind

Liberals don’t experience embarrassment.


2 posted on 07/06/2023 9:19:09 PM PDT by Steely Tom ([Voter Fraud] == [Civil War])
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To: SeekAndFind

Math expertise is acting white.


3 posted on 07/06/2023 9:20:04 PM PDT by Steely Tom ([Voter Fraud] == [Civil War])
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To: Steely Tom

RE: Math expertise is acting white.

Heck, this is the Justice who tells us she doesn’t know what a woman is because she is not a biologist.


4 posted on 07/06/2023 9:22:25 PM PDT by SeekAndFind
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To: Steely Tom

Less than 1 million casualties from 265 million vaccinated is more than 99.7% safe. Simple 5th grade math, but many do not understand this.


5 posted on 07/06/2023 9:24:00 PM PDT by entropy12 (Career politician DeSantis is there to build wealth. Trump is there to lose wealth to serve people.)
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To: SeekAndFind

“I’m not a mathematician.”


6 posted on 07/06/2023 9:26:18 PM PDT by Republican Wildcat
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To: Steely Tom
Math expertise is acting white.

Math is racist.

That's what is taught here in the PNW anyway.

7 posted on 07/06/2023 9:26:51 PM PDT by llevrok (Pronouns: Me/myself/& I)
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To: SeekAndFind

KBJ is a glaring error.


8 posted on 07/06/2023 9:27:19 PM PDT by Right Brother
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To: SeekAndFind

Stop picking on retards. I’ll bet this subhuman skank would misspell that mishmash of a name 6 out of 5 times.

K EN TAJ E.


9 posted on 07/06/2023 9:44:46 PM PDT by HYPOCRACY (This is the dystopian future we've been waiting for!)
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To: entropy12

When nearly a million people are murdered by a vax that does nothing but murder a million people, you have a significant murder count. Show me one life that was saved by the vax. I can show you a million murdered.


10 posted on 07/06/2023 9:47:54 PM PDT by HYPOCRACY (This is the dystopian future we've been waiting for!)
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To: entropy12

It’s fewer. Not less. Mathemagician douchebag.


11 posted on 07/06/2023 9:51:41 PM PDT by HYPOCRACY (This is the dystopian future we've been waiting for!)
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To: SeekAndFind
Instead, in its most fully specified model, it [the study] reports that 99.6839% of black babies born with a black attending physician survived compared with 99.5549% of black babies born with white attending physicians, a difference of 0.129%.

100% - 99.6839% = 0.3161%.

100% - 99.5549% = 0.4451%.

Meaning: When a Black physician is in attendance, only 0.3161% die.

And when a White physician is in attendance, 0.4451% die.

0.4451% divided by 0.3161% = approx. 1.41.

Meaning: The death rate with a White physician is about 41% higher.

HOWEVER, we are talking about a comparison of two tiny slivers of data-sets.

I would hazard the claim that:

a. This is in the range of uncertainty and/or the data-sets are too small to be statistically significant, or

b. A multi-variant analysis taking into consideration ALL factors would cause the difference to vanish.

FURTHER: What, no Asian or Latino attending physicians?! Don't they exist?!

Regards,

12 posted on 07/06/2023 10:25:49 PM PDT by alexander_busek (Extraordinary claims require extraordinary evidence.)
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To: SeekAndFind

BTTT


13 posted on 07/06/2023 10:37:08 PM PDT by nopardons
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To: alexander_busek

0.4451% divided by 0.3161% = approx. 1.41.

Meaning: The death rate with a White physician is about 41% higher.

Thanks for this perspective post. So noise from the left would be that kentangie was not lying, she just didnt tell the whole truth. Which is similar to the lie they told about the 2020 election. Justifying it by saying it was ‘rigged’ and not ‘stolen’. But the difference between those two is pedantic at best.


14 posted on 07/07/2023 12:38:26 AM PDT by Samurai_Jack (This is not about hypocrisy, this is about hierarchy!)
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To: SeekAndFind

I thought the Pulse shooter was gay?


15 posted on 07/07/2023 1:08:06 AM PDT by nickcarraway
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To: SeekAndFind

“...everyone makes mistakes...”

“Facts” appearing in written decisional or dissenting opinions on appeal need not stick out like sore thumbs, or prove to be sources of controversy, if the authors of those opinion exercise ordinary levels of judicial restraint characteristic of the traditional conservative approach toward this kind of work. Among the tried and true safeguards that come in handy here is the uncontroversial advice to avoid like the plague taking so-called “judicial notice” of facts not present in the formal record of the case at trial, such that only “tried and true” facts, formally found as such by the original judge during the course of a trial on the merits, are found in the downstream appellate opinions.


16 posted on 07/07/2023 2:27:46 AM PDT by one guy in new jersey
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To: SeekAndFind

Cut her some slack, it’s not like she actually earned her gig.


17 posted on 07/07/2023 3:27:32 AM PDT by muir_redwoods (Freedom isn't free, liberty isn't liberal and you'll never find anything Right on the Left)
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To: SeekAndFind

Glaring error, no, deliberate predictable and coming from a DEI AFFIRMATIVE ACTION example HERSELF


18 posted on 07/07/2023 3:34:17 AM PDT by ronnie raygun
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To: SeekAndFind

She wasn’t picked for her intellect.


19 posted on 07/07/2023 5:00:57 AM PDT by Renkluaf
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To: alexander_busek
100% - 99.6839% = 0.3161%.
100% - 99.5549% = 0.4451%.
Meaning: When a Black physician is in attendance, only 0.3161% die.
And when a White physician is in attendance, 0.4451% die.
0.4451% divided by 0.3161% = approx. 1.41.
Meaning: The death rate with a White physician is about 41% higher.


That's not how it works. To compare the death rates, you would take the difference between the two rates and divide that by the rate against which you are comparing the other one.

For example, in simpler terms: a 60% death rate (group A) vs a 40% death rate (group B). The difference is 20. 20 divided by 60 = .08. So the death rate for group A is 33% higher than that for group B.

With these black babies, the difference is .00129409: 99.4451 - 99.3161 = 0.129. Then 0.129 divided by 99.3161 = 0.00129888. In percentage terms, that's 0.1% higher. NOT 1.41% higher.
20 posted on 07/07/2023 5:07:33 AM PDT by sonjay
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