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Justice Jackson, whether fairly or unfairly, has now been labeled as the Supreme Court’s “affirmative action” appointment, and she’s dealing with a lot of public embarrassment right now. This follows a situation where her personally hand-picked clerks managed to dupe her, prompting shock and horror across the country. Recently, the satire site The Babylon Bee took a funny shot at Justice Jackson with this blistering headline.

Justice Jackson’s clerks really dropped the ball. Apparently, they didn’t do their homework and let her run with a mathematically incorrect claim from a third-party brief. It’s hard to imagine that a Supreme Court justice could screw up this badly, parroting something so obviously off. To buy into such a glaringly false stat, you’d have to be seriously out of touch with reality, or an affirmative action appointee who shouldn’t be on the court in the first place. The whole fuss boils down to a dodgy claim that affirmative action docs somehow double the survival odds for black infants. Check out this tweet thread from October 2022 that artfully picks apart this false study.

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The lawyers who cited this study were either lying, or mathematically challenged.

From beginning to end, the study was a jumbled mess.

More:

There’s even a whole podcast taking apart the nonsensical claim:

Interestingly, it was this inaccurate study that Justice Jackson’s clerks used in her dissent. That move has led to a considerable degree of embarrassment for the justice. Why didn’t she catch it?

Regarding that strange dissent, some folks are saying it reads like it was scribbled down by a high schooler the night before it was due. Ouch.

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Well, at least Ketanji has this going for her: she will always be smarter than Sotomayor…


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