Not true. It's just a dana 44 like anything else. The factory lockers are the problem which is why Revolution specifically developed 5.38 for them because those lockers require a thick cut gear. Get rid of the factory locker and run any other locker with the carrier designed for 3.92+ gears, and then 5.89 can be installed to those carriers/lockers. The thing is, this can only be done on a TJ Rubi with factory axles, since it's the only TJ with 44/44 setup, and both factory lockers have to be gotten rid of.
If I bought one of those Jeeps with that POS trans (I wouldn't, but if I did), I would ditch the factory lockers to run 5.89, eaton e-lockers, and 35's for sure. That setup would still be 2800 at 70ish. Pretty fuckin good for 35" tires and way more acceleration power to boot.