Supreme Court Justice Ketanji Brown Jackson made a "mathematically absurd claim" about Black newborns in her dissenting opinion in the affirmative action decision, attorney Ted Frank wrote in a Wednesday Wall Street Journal op-ed.
Jackson argued in her dissent that diversity "saves lives" and that it was essential for "marginalized communities."
"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," she wrote.
Frank responded to the argument in his Journal opinion piece: "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%."
Frank, a senior attorney at Hamilton Lincoln Law Institute, filed an amicus brief in support of the petitioners in SFFA v. Harvard, according to the WSJ.
"How could Justice Jackson make such an innumerate mistake?" he wrote.
Jackson argued in her dissent that diversity "saves lives" and that it was essential for "marginalized communities."
"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," she wrote.
Frank responded to the argument in his Journal opinion piece: "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%."
Frank, a senior attorney at Hamilton Lincoln Law Institute, filed an amicus brief in support of the petitioners in SFFA v. Harvard, according to the WSJ.
"How could Justice Jackson make such an innumerate mistake?" he wrote.
