
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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