Deja Vu: KBJ Accused of Using Another Bad Statistic in Affirmative Action Dissent
Critics allege KBJ used a statistic unsupported by research to show that black physicians better assess and manage pain in black patients.
Supreme Court Justice Ketanji Brown Jackson has once more attracted criticism for her use of statistics. Jackson used the statistics to support her dissent from the recent landmark affirmative action decision.
Legal Insurrection previously reported on Jackson’s use of a mathematically impossible statistic that conflated black infant survival and mortality rates in Law Firm Takes the Blame For KBJ’s Bad Math On Black Infant Mortality in Her Affirmative Action Dissent
For the new statistic, Jackson cited the same Association of American Medical Colleges brief that supplied the erroneous survival rate statistic.
The latest alleged statistical flub appears in the sentence immediately preceding the survival rate statistic. This statistic addresses the impact of physician race on pain assessment and management in black patients.
Justice Jackson is accused of a second false claim derived from the same source: the amicus brief of the Association of American Medical Colleges. It is part a broader problem in academia over unscrutinized statistical claims in opinions and publications. https://t.co/vXQSTx2HaP
— Jonathan Turley (@JonathanTurley) July 31, 2023
The AAMC submitted its brief as an interested third party defending the use of affirmative action at medical schools. The brief is replete with statistical arguments in favor of more diversity in medical schooling, claiming benefits for patients.
“Research shows that Black physicians,” Jackson’s dissent claims, “are more likely to accurately assess Black patients’ pain tolerance and treat them accordingly (including, for example, prescribing them appropriate amounts of pain medication).”
Critics have claimed the four studies on which the AAMC brief and, in turn, Jackson’s dissent relied do not support the statistic.
George Washington University law professor Jonathan Turley highlighted criticism of Jackson’s pain management statistic on his blog:
[C]ritics object that none of the four studies cited by AAMC support that claim. They reportedly explore problems of Black patients in dealing with pain management, but do not examine the relative efficacy of doctors of different races.
While a couple erroneous statistics in a dissenting opinion may have little consequence, the use of these statistics in support of affirmative action at medical schools may have tangible consequences:
[The critics] further note that AAMC has pushed DEI policies, including the use of race in faculty appointments and admissions to medical schools. These claims are used to justify the use of race as a criterion.
The firm that prepared the AAMC brief, Norton Rose Fulbright, issued a clarification letter to the Supreme Court after critics pointed out the earlier erroneous survival rate statistic.
The firm has yet to address the alleged issue with the pain treatment statistic.
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Incompetent as well as ignorant and stupid.
Incompetent, ignorant, and stupid. That’s what you get when you hire/appoint a person not based upon their achievements & knowledge but solely on the basis of the color of their skin.
I guarantee you that we haven’t seen anything yet from Ms. KBJ.
Well, it’s one of the problems of affirmative action hires: they tend to believe they are as good as the left tells them they are. They believe their own BS, in other words.
It is a formula for failure, and KBJ is fast tracking her(?)self into the ridicule zone. Sotomayor must be happy though; it takes the heat off the self appointed “wise Latina.”
What an appropriate demonstration at an appropriate time of the true results of affirmative action.
KBJ could hardly have done more damage to her cause if she tried.
Why she is allowed to have a cause as a Justice is another issue.
I remember when 2 affirmative action teachers were fired because they were unable to pass the math portion of a test that was required for their employment. They argued that they weren’t teaching math they didn’t need to pass that portion of the test. However, when on they stand they made an important error in math while being questioned!
USA: How would you feel if someone in authority made decisions about your life using false or misleading data?
KBJ: No one in authority made decisions about my life using false or misleading data.
USA: But what if someone in authority did make decisions about your life using false or misleading data. How would you feel?
KBJ: But no one in authority made decisions about my life using false or misleading data.
USA: It’s a hypothetical about how you would feel if someone in authority made decisions about your life using false or misleading data.
KBJ: I just told you no one in authority made decisions about my life using false or misleading data. Wtf is wrong wit you?
But I did eat breakfast.
The sad part is, she doesn’t seem to know that someone in authority DID make decisions about her life using false and misleading data. She simply profited from their doing so.
This is what propelled her along the way to where she is…a perfect Democrat judge.
Place the word “judge” in quotation marks and your comments is perfect. Brown Jackson is an activist/legislator, masquerading as a judge, like her ideological brethren on the Court, the dim-witted Latina and Kagan.
It would have more confidence in decisions from Judge Joe Brown…
Wheels within wheels! Irony abounds! The affirmative action justice botches her dissent in an affirmative action case by swallowing wholesale a bad analysis advocated by a DEI worshipping woke outfit. When I was a law review editor, we never published a single assertion or statistic that had not been cite-checked. Twenty years ago, the 2Ls on law review were worked to death cite-checking. Apparently not even Supreme Court clerks now know how to cite check (or KBJ ignores the red flags raised by her clerks). Neither alternative instills faith in KBJ.
Apparently not even Supreme Court clerks now know how to cite check (or KBJ ignores the red flags raised by her clerks).
I would imagine that KBJ’s law clerks are too scared to actually do their job and point out that she is wrong. Can you imagine her reaction if a mere Law Clerk were to inform her that her citations were complete nonsense? So they simply let it slide and don’t raise any red flags at all. Easier that way, and what the heck, the Law Clerks ain’t gonna be around forever, they’ve just got to get through their term with Jackson and then they’re on to other things. Why rock the boat and make it difficult.
You can bet she uses her legal acumen and the affirmative action filter to select her clerks. What goes around, comes around.
“Twenty years ago, the 2Ls on law review were worked to death cite-checking….”
Wait till you see the full effect of affirmative action on medicine. And on PILOTS!
I can’t wait to see the outcome of equity hiring in air traffic control.
The list is long — on bridges, on highways, on airplanes and trains, I could go on for a long time.
Or, her law clerks knowingly fed those assertions to her because the false claims supported their biases and they thought nobody would dare call her on them (as she may have thought as well).
Remember that Obama was they law review editor.
Allege? It’s in writing. It’s in the opinion.
There’s no allege about it.
She herself is doing pain management for blacks, and as you see she’s better at it than the white justices. “Blacks are actually better at stuff that it looks like they’re worse at.”
Read it as describing herself and what she is doing while she is doing it and it acquires literary merit.
I would love to see Karanangi Jackson Browne’s SAT and LSAT scores – and I think we are entitled to see those for any federal judge (along with grades or any other such academic records). I think we all know that those scores would be absolutely pathetic and would easily call into question how and why she ever got into college, to begin with, let alone law school.
Transparency is always key. And so no one complains, let’s have the SAT and LSAT scores of all the SCOTUS justices and federal judges published for all to see.
Scores are racist because they hold back wanna be racists.
Her grades and scores are as hidden as Obama’s – another lazy, incompetent affirmative action hire.
Barack Obama is a work of fiction and now in his third term:
https://hotair.com/tree-hugging-sister/2023/08/04/barack-obama-is-a-work-of-fiction-and-now-in-his-third-term-n569187
Obama’s Top 25 Records Hidden From The Public:
1 Certified copy of original birth certificate
2 Columbia University transcripts
3 Columbia thesis paper
4 Campaign donor analysis requested by 7 major watchdog groups
5 Harvard University transcripts
6 Illinois State Senate records
7 Illinois State Senate schedule
8 Law practice client list and billing records/summary
9 Locations and names of all half-siblings and step-mother
10 Medical records (only the one page summary released so far)
11 Occidental College Transcripts
12 Parent’s marriage Certificate
13 Record of baptism
14 Selective Service registration records
15 Schedules for trips outside of the United States before 2007
16 Passport records for all passports
17 Scholarly articles
18 SAT and LSAT test scores
19 Access to his grandmother in Kenya
20 List of all campaign workers that are lobbyists
21 Punahou grade school records
22 Noelani Kindergarten records are oddly missing from the the State of Hawaii Department of Education.
23 Page 11 of Stanley Ann Dunham’s divorce decree.
24 Why did Barack Obama resign from the Illinois bar and where are all of the relevant documents?
25 Why did Michelle Obama resign from the Illinois bar after only about four years of practice and where are all of the relevant documents?
Nobody hides what they don’t want hidden.
When minorities are getting grades in school the teachers have a different scale for minorities because they are victims of systemic racism.
“Research shows that Black physicians,” Jackson’s dissent claims, “are more likely to accurately assess Black patients’ pain tolerance and treat them accordingly (including, for example, prescribing them appropriate amounts of pain medication).”
LOL. Almost no one who has real pain gets prescribed adequate pain medications, these days. Hospitals are veritable torture chambers. This is thanks, in part, to idiot politicians making stupid rules about opioids so that normal people are held hostage in pain treatment to the lowest common denominator of dirtbag junkies who are trying to get drugs for their habits. It’s also thanks, in part, to a culture of torture that seems to be pervasive throughout medicine – doctors and nurses. And I have to say, from personal experience and experience with close family members, there is a certain demographic of nurses who tend to be nastier than others, though the whole profession seems to be filled with lots of sadists.
Math is racist
It’s too hard!!!
She is a Cultural Marxist Theorist so it’s she has lots of made up beliefs
Brown Jackson is a typical Dumb-o-crat.
Who needs facts and truth, when you can proffer contrived and fallacious grievance and Narrative(TM), instead?
The Stanford President resigned because he cooked the math on his Alzheimer’s research. (My father died from Alzheimer’s. This is personal.)
An FSU professor was fired for cooked math on Racism and Incarceration. His research was also used in SCOTUS proceedings.
And these are the peer reviewed publications. The peers and the publications need to be shamed.
I believe the news and gov numbers even less.
Peer-review has been dead for decades.
I suspect that in the near future every medical journal will have a political officer on the staff/board. Medical science is now in the Lysenko 2.0 phase.
Well, the military now has zampolits by executive order. So not unlikely.
https://www.whitehouse.gov/briefing-room/statements-releases/2023/07/28/fact-sheet-president-biden-to-sign-executive-order-implementing-bipartisan-military-justice-reforms/
Bipartisan- issued by executive order. Yeah, right.
You know, if i read, hear, or see the word “bipartisan” one more effing time in relation to something Pres. 5-Watt does I’m going to scream. There is nothing effing “bipartisan” about Biden unilaterally signing an EO to implement military justice reform. Didn’t even know it needed reforming let alone bipartisan reforming.
Bipartisan. It doesn’t mean what Joe obviously thinks it does. But there you go and here we are.
Why not the medical community too
Corporate America has Diversity officers
When all your peers are on the take why would you work harder.
I thought they had wicked smart clerks under them?????
Not even a surprise since she was literally chosen for her race and sex by a pedophile who can’t even remember what day of the week it is.
Barack Hussein Obama (or whoever he really is) was the single most damaging thing to ever happen to America. The damage that clown and his handlers have done to our country dwarfs even the Civil War.
I would say in many ways the Civil War didn’t really damage the country it repaired it. In cut out a cancer and allowed us to heal. Obama is in many ways a metastasized version of that cancer come back in a different way. The KKK, Jim Crow and various civil rights restrictions were the same cancer that we have been trying to kill since we couldn’t get the southern states to go along with removing it when it was small.
It’s a darn good thing she’s still a black and a woman, or else this kind of thing could have had consequences for her.
Is it possible the medical profession fails to realize the damage done to black doctors credentials? Do they not understand the questions that will be asked when a black doctor appears to treat someone. Is this doctor an affirmative action doctor? Was the doctor pushed through medical school based on race? The AAMC is saying black doctors somehow provide better treatment to black people without any scientific explanation. Is this better treatment some kind of voodoo? The AAMC owes a detailed explanation of it’s conclusions and societal implications.
“… the questions that will be asked when a black doctor appears to treat someone.”?
These questions have been around for a long time, and not limited to the medical profession. When boiled down to essentials, AA is an affirmation that black people are believed to be unable to perform on an even playing field. Blacks believe this based on their almost uniform support of AA and its preferences, carve-outs, and other special treatment. AA has handicapped an entire race of people.
Apparently ‘Black Girl Magic’ is a thing, sooo…..
We should have picked our own cotton.
Lots of folks these days go around misinterpreting facts and forming faulty conclusions based on them. Can’t say I am surprised to see it in the newest SCOTUS Justice disappointed but not surprised. Lets not forget the vax mandate case and the questions put to the litigants. Many of the questions had a faulty premise based on either not understanding, ignoring or purposefully misrepresenting basic facts about the jab, transmission, rates of death, efficacy of jab and masks to name a few.