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:

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 for making the claim that Black doctors are twice as good at saving the lives of Black newborns. In this article, 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.

  • If white doctors have so much worse outcomes, one would expect they are making different decisions in the care of neonates than Black doctors— but this paper cannot show the mechanism of the difference
  • The paper assumes doctor-baby pairings are quasi randomized, but that is unfounded assumption. It may not be quasi randomized and well off Blacks may be more likely to have Black doctors
  • A baby born is seen by a team of doctors— pediatricians, anesthesiologists, obs— which doctor is ascribed the ‘assigned provider’ per baby. What determines this assignment? (the authors do not provide this information)
  • Since, the paper was published it was revealed that some hospitals put a treating doctor on the form and others put the head of the unit. (massive bias)
  • A baby born is seen by a team— nurses, staff, doctors, etc— why are the races (and racial concordance) of these people not accounted for.
  • If a baby gets sick, and goes to NICU and dies, which doctor is ascribed responsibility. If NICU doctors have different racial make up than other doctors could this not bias results?
  • Broader issues of administrative data/ multiple hypothesis testing detailed in the episode.

Prasad also breaks down a second article 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:

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Biology Professor Fired for Teaching Biology

From FIRE (Foundation for Individual Rights and Expression):

The alleged termination of a St. Philip’s College biology professor for saying X and Y chromosomes determine biological sex raises serious concerns about the state of academic freedom at the public college in Texas. Today, FIRE asked the college to reverse course and meet its First Amendment obligations.

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Low Literacy of Americans

Not good news here, according to Emily Schmidt:

About 130 million adults in the U.S. have low literacy skills according to a Gallup analysis of data from the U.S. Department of Education. This means more than half of Americans between the ages of 16 and 74 (54%) read below the equivalent of a sixth-grade level.

Literacy is broadly defined as the ability to read and write, but it more accurately encompasses the comprehension, evaluation and utilization of information, which is why people describe many different types of literacy — such as health, financial, legal, etc. Low literacy skills can profoundly affect the day-to-day success of adults in the real world, and these impacts extend to their families, too.

 

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Democrats have been busy Creating Republicans

We do have problems with book-banning in the United States. There are very real attempts to ban books, including many such attempts at school libraries. As noted by FIRE Legal Director Will Creeley, “There’s always been some amount of book banning, but this is unprecedented. It is a tsunami — it is an avalanche of censorship.”

That said, many people on the "political left" are being disingenuous when they claim that the phrase "book banning" accurately describes the controversy regarding grade-schooler access to books with sexually explicit images, including a book called Gender Queer. In "If I disagree with my liberal tribe, does that make me a conservative? A lot of rhetoric on the left is proving to be unpersuasive — and even alienating," Kat Rosenfield tells us what is really at stake regarding that book, as well as the wider ramifications.  Here are a few excerpts:

The graphic novel “Gender Queer,” a memoir of sexual and gender identity written and illustrated by Maia Kobabe, has been described as the “most banned book in the country.” A flashpoint in the current culture war over the content of school libraries and curricula, it is at once celebrated and despised. Liberal commentators describe it as groundbreaking and essential, a work of art that helps struggling young people to feel seen; conservatives denounce it as pornographic and demand its removal from children’s spaces.

Almost all the objections to “Gender Queer” center on a single page that appears about two-thirds of the way through the book. If you’ve followed this controversy online, you’ve probably seen the illustration in question. If you’ve only heard about it via cable or traditional news, then you probably haven’t — at least not without a censor’s blur in front. This is because the scene depicts a moment in which the protagonist and a partner experiment with a strap-on dildo.... It’s racy. Enough so that the page can’t be shown on TV, not even in the late-night hours when the Federal Communications Commission’s obscenity regulations are relaxed; enough so that I can’t name the sex act in question without playing an elaborate game of charades to avoid running afoul of the Globe’s editorial standards. (Hint: It rhymes with “whoa, bob.”) And while reasonable people can disagree on whether the scene qualifies as pornography per se, the fact that this is a debatable point at all is revealing in its own right. Once you’re haggling over whether an illustrated sex act is dictionary-definition pornographic, surely you’ve already ceded the point of whether it’s appropriate for children.

In a less fractious, less polarized moment, this is where the debate would end. It is possible to imagine a world in which “Let’s not stock the [rhymes-with-whoa-bob] comic book in the middle school library” is not a controversial statement. Alas, we don’t live in that world. Instead, we live in a world where not only are we locked in a stalemate over whether the [rhymes-with-whoa-bob] book belongs in the middle school library, but the way you answer this question determines your side in the culture war at large. That is: If you believe that illustrated depictions of a person getting a you-know-what while wearing a you-know-what are best reserved for adult readers, you must be a conservative . . . or worse.

Objections by parents to “Gender Queer” and other sexually explicit books are frequently characterized in media coverage as stemming from hatred or bigotry. One New York Times article quoted a PEN America director who ascribed the controversy to “anti LGBTQ+ backlash.” Similar criticisms are leveled at the parents’ rights movement that is challenging the teaching of race, gender, and sexuality in US schools.

Continue ReadingDemocrats have been busy Creating Republicans