Gorsuch - the case of the frozen trucker

[8bit_Theatre 64]

If you are following the Gorsuch nomination thus far you probably have come across the case of the frozen trucker which is about the only chink in his armor at this point. I think both sides have to agree that Gorsuch is principally apolitical so this is really the only case that sticks out.

 

Check the link below to get the background. This case shows the general weakness of textualism and I think the majority of us will disagree with Gorsuch.

 

I have a more practical question here.  Its generally framed that the trucker had two choices. Stay with the load and possibly freeze or leave with the truck. I have to ask...why not call the police? It was Illinois not empty Montana. Maybe a truck driver could fill me in?

 

http://www.cnn.com/2017/03/21/opinions/judge-gorsuch-the-frozen-truck-driver-opinion-callan/

[TBoneTX 47,533]

Several derailing posts have been removed.  Please answer thoughtfully.

[MacUK 983]

I'm a trucker.

Trying to drag a trailer with frozen brakes isn't impossible but it definitely isn't pretty. At best the tyres would probably be shredded within a mile or so. At worst, and what happened to me when my trailer brakes seized on while moving, the wheels catch fire when the brake drums overheat.

But the story doesn't give enough detail. The heating wasn't working? Here in the UK most trucks are fitted with two heat sources for the driver, there's the usual one just the same as in your car that blows hot air through the vents but also a night heater that's there to heat the cab when the engine isn't running. It would be very strange to have both broken. If the night heater was busted then running the engine at tickover speed just to warm the cab wouldn't have used much diesel.

In my personal opinion it would sound like the driver was bored of waiting and was maybe wanting coffee and food so went to find it. Over here, if his load had then been stolen then it probably wouldn't be covered by the hauliers insurance as it hadn't been left in a secure place. Depending on what it was that could cost from thousands of dollars to hundreds of thousands, to even millions. Hardly surprising that the employers took a dim view, I've seen drivers fired for a lot less.

[Dashinka 25,885]

I loved Feinstein's opinion in the article "This frosty thorn in the side of Gorsuch was recounted Monday by Sen. Dianne Feinstein, who expressed the opinion that the hardhearted judge was not the kind of person who belongs on the Supreme Court."  Aren't judges supposed to interpret and apply the laws as written?

[8bit_Theatre 64]

11 hours ago, MacUK said:

 

In my personal opinion it would sound like the driver was bored of waiting and was maybe wanting coffee and food so went to find it. Over here, if his load had then been stolen then it probably wouldn't be covered by the hauliers insurance as it hadn't been left in a secure place. Depending on what it was that could cost from thousands of dollars to hundreds of thousands, to even millions. Hardly surprising that the employers took a dim view, I've seen drivers fired for a lot less.

Which goes back to emergency services right? If he felt he truly was in danger he could have called them right? Whereas if he was just tired of waiting...

[Dakine10 5,452]

On 3/22/2017 at 11:26 AM, 8bit_Theatre said:

Which goes back to emergency services right? If he felt he truly was in danger he could have called them right? Whereas if he was just tired of waiting...

  Have you ever called emergency services? In the US you're looking at a bill for a couple of grand if you call in a local area. There's also a mileage charge. 

  

  The first thing they would do is ask him why he didn't just drive himself. 

[Dakine10 5,452]

On 3/22/2017 at 1:33 AM, Bill & Katya said:

I loved Feinstein's opinion in the article "This frosty thorn in the side of Gorsuch was recounted Monday by Sen. Dianne Feinstein, who expressed the opinion that the hardhearted judge was not the kind of person who belongs on the Supreme Court."  Aren't judges supposed to interpret and apply the laws as written?

       I like Scalia's quote: 

 

    "I'm an originalist and a textualist, not a nut."

 

      I wonder if Scalia's interpretation of the constitution would be that he should sit there and freeze till he dies?

  

[Dashinka 25,885]

1 hour ago, Dakine10 said:

       I like Scalia's quote: 

 

    "I'm an originalist and a textualist, not a nut."

 

      I wonder if Scalia's interpretation of the constitution would be that he should sit there and freeze till he dies?

  

I don't think that was the only option.  The truck driver was given two options, and he choose neither.  Given the text of the law cited, this was his choice and he had to face the consequences of his actions.  It was not the courts position to change the law, but to interpret the actual wording of the law.  The driver was certainly within his right to file the lawsuit, and/or to lobby the legislature to make any changes in the law, but to say the judges should write their own law is wrong.  what happened, happened and the driver made a choice.  

[8bit_Theatre 64]

2 hours ago, Dakine10 said:

  Have you ever called emergency services? In the US you're looking at a bill for a couple of grand if you call in a local area. There's also a mileage charge. 

  

  The first thing they would do is ask him why he didn't just drive himself. 

In this case he just needed a patrol car. 

[Boiler 47,498]

 

[Dakine10 5,452]

18 minutes ago, 8bit_Theatre said:

In this case he just needed a patrol car. 

   Hard to say. When he listed breathing difficulty as a symptom, they would likely dispatch an EMT. If he had called earlier maybe. Of course he wouldn't have thought to call earlier, because the company dispatch said they would send someone.