Gorsuch And The “Frozen Trucker” Case

READ: CNN: “Judge Gorsuch and the frozen truck driver” by Paul Callan

This fine article was an eye-opener for me. To many of us, it first seemed Gorsuch, though conservative, had a good record and “was the best we could get” under the circumstances.

(1) FACTS: The company truck’s brakes were defective or improperly maintained. Brake lines “freeze” because there is water in the brake lines; brake fluid does not freeze. The company was negligent, possibly criminally so if they had been on trial. They were derelict in their responsibility and promise to provide help in a timely manner in freezing weather. They ignored the driver’s repeated calls for help and his statement that his legs were becoming numb and he was having trouble breathing – the truck cab heater was defective too, and he was almost out of gas.

(2) Gorsuch ignored the responsibilities of the company in the matter, concentrating instead on what he presumed were the driver’s “duties.” Gorsuch ignored the health and safely of the driver. Every judge makes bad decisions, later to be regretted, but there’s an even more telling problem with this man.

(3) The article states: “Gorsuch was demonstrating his firm belief in the principle that the actual words of a law should be strictly applied by the court. This doctrine, often referred to as textualism, stands for the proposition that it is up to the legislature to make the law and is up to judges to strictly apply the actual words of the law. “

OUT OF ALL the considerations with which the law provides us, not least of which is following California Motor Vehicle statutes and protecting the health and safety of the driver and the public, Gorsuch focused on insubordination and dereliction of duty because the dispatcher ordered the driver to remain in the freezing truck.

(4) In other words, like Scalia, here is another man who, under the textualism doctrine,  cherry-picks his statutes in order to reach a verdict that is politically and personally pleasing to himself.

CONCLUSION: Gorsuch is not qualified to be a judge, period. Until we get a fair-minded candidate who shows an ability to look at all the facts, prioritize them and evaluate them in the broader context of all US law,  in order from trivial to essential, we should block GOP nominees for the ninth SCOTUS chair until Hell freezes over, if that’s what it takes to get a nominee committed to preserve and protect the Constitution and the individual rights of its citizens.

3,430 total views, 3 views today

Leave a Reply

Your email address will not be published. Required fields are marked *

*