Falsely Describing Bad Research To Advocate Irresponsible Policies Is No Way To Serve On The Supreme Court, Justice Jackson…[Corrected And Expanded]

UPDATE: A critical Ethics Alarms reader informed me that in his view the text of this post was too similar to that of its main source, The Daily Signal, in an article by Jay Greene. Although I linked to the piece and also credited Greene with a quote, upon reviewing the post I agree that it included too many substantially similar sentences and phrasings. I apologize to the Daily Signal, Jay, and Ethics Alarms readers. I was using several articles in preparing the piece (including one from another source that was also extremely close to the Signal article), and for whatever reason, did not notice that I had leaned so heavily on Green’s phrasing. It has happened before over the past 13 years, though not often, and never with the intention to deceive. Thus I have revised the post; in the future, if anyone feels that an Ethics Alarms article does not properly credit sources or seems insufficiently original, the favored response is to alert me, rather than to accuse me in obnoxious terms of “plagiarism.”

Fans of affirmative action reacted to Justice Ketanji Brown Jackson’s depressing defense of racial discrimination by praising her remarkably hypocritical dissent in the recent 6-3 decision by the Supreme Court declaring Harvard’s and the University of North Carolina’s admission policies unconstitutional. Those who believe that Justices should base their analyses on law rather than group loyalties were appropriately critical. Both, however missed some really ugly trees for the metaphorical forest, as Jackson injected false statistics into her dissent. They were, of course—we’re used to this phenomenon—uncritically accepted and used in subsequent media propaganda condemning the decision.

Justice Ketanji Brown Jackson wrote in part,

“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.”

Wow! Racial discrimination saves lives! The problem, or rather problems, are that as Jay Greene of the Daily Signal points out, 1) the claim that survival rates for black newborns double when they have black physicians attending is based on a misleading analysis 2) Even if the results of the Proceedings of the National Academy of Sciences study were as Justice Jackson claimed, they are unbelievable and 3) even if Jackson had described the results of the study accurately, and even if those results were credible, they still wouldn’t justify the use of racial preferences in medical school admissions.

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From The Res Ipsa Loquitur Files…

Can’t handle criticism, can’t take a joke, believes that effective rhetoric that counters their assertions should be silenced.

In short, PETA reveals itself as typical of progressive activists in 2023.

The “Axis Of Unethical Conduct” Really And Truly Does Want The Government To Block Speech, And Can No Longer Credibly Claim That It Doesn’t

The “Axis” is, in Ethics Alarms parlance, “the resistance,” or those who believe that the existential threat of Donald Trump justifies suspending laws, traditions, fairness, standards and the Constitution; Democrats, who believe that their path to permanent power must be achieved by any means necessary, and the news media, which has become the propaganda arm of both entities and an active participant in the restriction and control of political speech.

All three groups were horrified yesterday when Judge Terry Doughty, Chief U.S. district judge of the United States District Court for the Western District of Louisiana, delivered a sweeping ruling in Missouri v. Biden in which he issued an against what he called “the most massive attack against free speech in United States’ history.”

Doughty declared that “in their attempts to suppress alleged disinformation, the Federal Government, and particularly the Defendants named here, are alleged to have blatantly ignored the First Amendment’s right to free speech.” He restricted the Biden administration from communicating with social media platforms regarding their decisions on which content should appear online, explaining that “Plaintiffs allege that Defendants, through public pressure campaigns, private meetings, and other forms of direct communication, regarding what Defendants described as ‘disinformation,’ ‘misinformation,’ and ‘malinformation,’ have colluded with and/or coerced social-media platforms to suppress disfavored speakers, viewpoints, and content on social-media platforms.”

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Joy Reid, Harvard, Althouse, And Affirmative Action

Straining to engage in her trademark “cruel neutrality,” esteemed blogger Ann Althouse stepped up to defend MSNBC’s Joy Reid and stepped in it, as the idiom goes, in the process. Ann defended Reid, claiming that she never said or implied that she was admitted to Harvard because of affirmative action.

“I think Ramaswamy is distorting (or, less likely, not hearing and understanding),” Ann wrote in part. “…She says she got high grades and test scores in high school, but she wouldn’t have thought to try for Harvard if Harvard hadn’t come out to her small, majority-black town and recruited. She was strongly encouraged to apply. The Supreme Court hasn’t changed the power of schools to recruit in places like hers. Reid never says her scores and grades wouldn’t have been enough if she were not black.”

Uncharacteristically, Althouse didn’t do her homework. In the MSNBC segment, Reid was basically regurgitating her blog post saying the same things, and that was headlined, “I got into Harvard because of affirmative action. Some of my classmates got in for their wealth.”

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“They’re Here!!!” How Do People Get This Way, And Why Do They Now Think It’s To Their Benefit To Display Their Malady?

I usually keep a watchful eye on advice columns, especially “The Ethicist,” Carolyn Hax and a few others, but have been a bit lax of late. Thus I missed this astounding letter sent to “Ask Amy,” which was bought to my attention by loyal reader and frequent commenter Jeff.

Hold on to your heads or erect signs nearby warning others that they are in a potential head-explosion zone…

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Ethics Observations On The Left’s Unethical Three Freakout Day

Yesterday’s clean and persuasive Supreme Court decision finally striking down racial discrimination in university admissions after decades of pretending it wasn’t the Consitutional offense it was was followed by two more sound Constitution-based decisions that were as important as they were necessary. All three were quickly attacked as “partisan” and “extreme” when they were neither, except to those who find the boundaries imposed by our nation’s traditional democratic principles overly obstructive to their schemes.

Finally ruling on a lawsuit brought by six state governments, the Supreme Court rejected President Biden’s insane $430 billion student loan forgiveness plan as illegal because it was never authorized by Congress. In a cynical, Harry Reid-ish strategem to buy the 2022 mid-term elections, Biden had announced a $430 billion gift to mostly middle-class and wealthy citizens who were unable or unwilling to do what millions of Americans in their exact situation had done: paying back money they owed for a benefit they had received. In many ways it was progressive irresponsible government at its worst. The Constitution gives Congress, not the the White House,the power to determine how federal funds are spent. As Illya Somin wrote yesterday, “If the administration had won, Biden and future presidents would have been empowered to use vague statutes to usurp Congress’ constitutional control over the federal budget. Moreover, because of the context for this case, it also would have allowed the president to abuse emergency powers for partisan ends.”

The “partisan” accusation was especially dishonest (Vox: “The Supreme Court’s lawless, completely partisan student loans decision, explained”) since that famous right-wing partisan Nancy Pelosi had endorsed the position of the SCOTUS majority just two years ago, saying, “People think that the President of the United States has the power for debt forgiveness. He does not. He can postpone. He can delay. But he does not have that power. That has to be an act of Congress.” Chief Justice Roberts included her statement in his opinion for the majority, but facts don’t matter. The increasingly unhinged progressive mob, aided and abetted by the mainstream media, pronounced the decision the product of an “extreme” conservative majority running amuck.

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Baseball Ethics: Everything Isn’t About Race, Kurt

Kurt Streeter is allegedly the New York Times; primary sports pundit, but if he has written more than a handful of columns that didn’t drag race into his commentary, I’d be surprised. Most sports fans would be happy never to have to think about the obsessions of partisans and social justice warriors while following their favorite teams and athletes, but it is the mission of activists posing as sports analysts to have that hope a pipe dream.

In his latest column, Streeter marvels at Luis Arraez, a Miami Marlins infielder and last year’s American League batting champion, who is making the first plausible run at a season-long .400 average since George Brett came close (.390) in 1980. Arraez, who makes the softest contact in the Major Leagues and might best be compared to “Wee” Willie Keeler, a 19th Century star known for poking baseballs “where they ain’t,” is a fun story this season, but Streeter being Streeter, he must examine Arraez through a racial lens. “No player,” Streeter informs us portentously, “has ever finished a season batting at or above .400 since Major League Baseball became an integrated game.”

Ah! I get it: Streeter is saying that all those other.400 seasons by white players aren’t really legit, because they didn’t have to face all the great black pitchers who were being kept out of the game by racism. In this he includes Ted Williams, the last .400 hitter (.406 in 1941), just a bit short of Babe Ruth as the greatest hitter in MLB history, implying that if “Teddy Ballgame” was playing in a fair league, he might not have hit .400 at all.

The contention can’t be proved or disproved, of course, but this is the second time in a week I’ve heard the argument and it is illogical and offensive. Consider:

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Ethics Observations On The LaGuardia Community College Graduation Incident

That video above is now the only YouTube available record of last week’s viral TikTok video showing Kadia Iman, a “social media influencer” and OnlyFans model who spiced up her graduation from LaGuardia Community College by forcibly taking the microphone from the school official announcing the graduates and using it to give her own defiant message. The video is also evidence that the representations made by Iman regarding the justifications for her behavior may not be exactly accurate.

In her own TikTok video of her attack, Iman is heard saying into the mic, “I want the mic! Let go! You didn’t let me get my moment!” Then she says “I’m graduating today. I don’t like how you snatched the mic out of my hand, so today is going to be all about me!”before dropping the mic and walking away. Later, she took to social media to explain why her “moment” was justified, saying,

“To everyone saying I should be embarrassed or I’ll never get a job … I’m a black woman in America. I am always in the right … u will not gaslight me into thinking I’m the bad guy. I did it for girls that look like me. Love u.”

She claimed that the white graduating students were given an opportunity to say their names, majors and a few other details while up on stage, but that she and other black students were not granted the same privilege by the white administrator, prompting Iman’s anger and violent reaction.

“Basically, what happened was I was walking on and we had to say our names before we get on the stage,” she said. “So I was saying my name and she literally — my name is long, obviously, I have like three syllables in my name. So, I didn’t even get to finish saying my name, and then the people that went before me, they all got to say their name, their major, and even extras,” Iman continued. “Me and another girl noticed that she was pulling down the mic super fast for some black people.”

“I’m not a problematic person, I don’t want to ruin no ones day, I don’t want to violate anybody, but that is what she did. She didn’t even let me finish speaking, she put the mic down and cut me off and that was the only chance I had to speak. I just feel that wasn’t right,” she concluded.

The school’s version, not surprisingly, is somewhat different.

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Apparently It’s Racist For Gov. DeSantis To Prefer Baseball To Basketball…Wow, That Desperate To Smear DeSantis Already?

I am having increasing difficulty figuring out what progressives and Democrats are trying to convey when they all a politician “racist.” As far as I can tell the current definition amounts to “Republican.”

DeSantis was recently asked by a CBN interviewer about his love of baseball, which he extolled as a “meritocratic” game because athletes of different sizes and skill levels can perform at a competitive level professionally, unlike basketball.”I think that there’s kind of a place for everybody in a baseball team if you’re willing to work hard, if you’re willing to practice… I kind of thought it was always a very democratic game, a very meritocratic game.” He added, “Whereas I kind of viewed basketball as like ‘these guys are just freaks of nature.’ They’re just incredible athletes. In baseball, you know, you have some guys that might not necessarily be the best athletes, but maybe they’ve got you know that slider that nobody can hit, or they have the skills that allow them to compete at the highest level.”

I would take issue with DeSantis’s suggestion that basketball players are superior athletes to baseball players: as Bob Costas memorably replied to a similar claim by another sportscaster, check out Michael Jordan’s record when he tried to play in the minor leagues, where he never got higher than AA and washed out after a single (pathetic) season.

But never mind: the main thrust of his comments is irrefutable and true. The average height of an NBA player is nearly 6-feet-7-inches, nearly a foot taller than the average American man. Players under six feet are extremely rare. Major League Baseball players, in contrast, average about 6-feet-1-inch tall, with some superstars well under that level, like Houston’s Jose Altuve and the Dodgers’ Mookie Betts. There are some freaks in the mix (2022 MVP Aaron Judge, for example) but unlike in the NBA, they are an exception, not the rule.

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“Titan” Submersible Tragedy Ethics

Debris from the OceanGate Expeditions Titan submersible was found Yesterday. As feared, all five of those on board perished. There has been a splash of ethics-related matters in the wake of the disaster:

1. Former US President Barack Obama, once again proving the hoary “stopped clock” metaphor’s accuracy, criticized Western media hypocrisy for making a missing submersible carrying five wealthy would-be adventurers on a tour of the Titanic’s wreckage a sensational news story while giving little coverage to a refugee-filled trawler sinking off Greece with up to 700 people on board. At least 82 people died in that tragedy this week, and hundreds more are feared to have drowned. The incident off Greece was completely overshadowed by the Titan rescue operation as soon as news of its disappearance surfaced. BBC, CNN, the New York Times covered the Titan rescue operation minute by minute. Meanwhile, no survivors or bodies have been found since the trawler sank carrying an estimated 750 men, women and children from Syria, Egypt, Palestine and Pakistan.

Of course the disparity in news coverage is due to commerce and profits blotting out journalism as well as decency. “Titanic” is a magic word that generates clicks and TV ratings, and despite their pretenses at other times, the news media knows that its readers are more interested in the fate of five rich people on a high-priced, high-tech junket than 750 poor refugees on a trawler. If journalists were the professionals they claim to be, they would report the news according to its obvious human and international priorities, and let the clicks fall where they may. But they aren’t. As we know.

Obama is right.

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