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False Facts Lead to Bad Legal Conclusions

In the recent affirmative action decision by the U.S. Supreme Court, Justice Jackson made a startling claim:

Jackson dissent [1]

Dr. Vinay Prasad takes issue with the shoddy study on which Justice Jackson might well have relied upon in good faith. I will assume that neither she nor her law clerks have the necessary expertise for critically analyzing the study she cited [2] for making the claim that Black doctors are twice as good at saving the lives of Black newborns. In this article, [1] Dr. Prasad shows the skepticism one needs to show upon hearing such an extraordinary claim.

The paper in question is catastrophically flawed. First, consider that it is a bold claim that a white doctor is twice as likely to kill a black baby. The effect size (TWICE as likely!) is massive. . . .

Next, in my podcast from Aug 2020 I discuss why this paper is flawed (full podcast is 91 min. but relevant discussion runs from 1:31:00 to 0:52:00 mark). Those notes are also captured here.

Prasad also breaks down a second article [3] claiming that Black doctors are substantially better at saving Black lives: “The Supreme Court’s affirmative action decision puts lives at risk.”

Prasad sets forth the limitations on this second study, which also makes an extraordinary race-based claim:

Prasad’s conclusions?:

[T]he claim that Black doctors lower mortality rates is entirely unsupported and unlikely to be true. Some tiny experimental data show greater adherence to a handful of interventions— but these studies may not be reproduced and moreover do not show impacts on hard outcomes. The claims of these two research papers, are entirely unfounded. If the topic was something that did not have strong sociopolitical importance, the papers would likely have been rejected repeatedly for weak methods.

What does it say about science and scientists that many appear more concerned with politics than truth? It should scare us. COVID has shown that partisanship can be so blinding. A smart doctor can say with a straight face that two year olds should cloth mask except when they nap. The power of motivated reasoning is strong.

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