G. McConway
July 7, 2023

Justice Ketanji Brown Jackson Makes Mathematically ‘Absurd’ Claim

Justice Neil Gorsuch, in a majority opinion, railed against his fellow liberal justices for making up facts to support their dissenting opinions.

Well, he may want to have a little chat with Justice Ketanji Brown Jackson, who apparently made a "mathematically absurd claim" in affirmative action dissenting opinion.

She was called out over this mistake in an op-ed in the Wall Street Journal by attorney Ted Frank.

Just Absurd

According to Jackson, affirmative action saves lives, a point she attempted to make in her dissent in the case.

She wrote, "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."

At quick glance, you can see that Jackson is wildly overestimating the skills of black doctors.

To that point, Frank responded, "A moment's thought should be enough to realize that this claim is wildly implausible. Imagine if 40% of black newborns died—thousands of dead infants every week.

"But even so, that's a 60% survival rate, which is mathematically impossible to double. And the actual survival rate is over 99%," reports Fox News.

Jackson's dissent's source is a 2020 study, but her claims do not match the citation.

Frank explained, "The study makes no such claims. It examines mortality rates in Florida newborns between 1992 and 2015 and shows a 0.13% to 0.2% improvement in survival rates for black newborns with black pediatricians (though no statistically significant improvement for black obstetricians)."

He concluded, "So we have a Supreme Court justice parroting a mathematically absurd claim coming from an interested party's mischaracterization of a flawed study. Her opinion then urges 'all of us' to 'do what evidence and experts tell us is required to level the playing field and march forward together.' Instead we should watch where we're going."

Now, Jackson is supposed to be one of the nine most brilliant legal minds in the country, yet she cannot do simple multiplication, nor does she seem capable of being able to properly citing her source.

It is just as Gorsuch stated… they try to rewrite the facts to support their case rather than simply accepting the fact that they got it wrong.

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