March 25, 2017 – Recently the Senate Judiciary Committee embarked upon confirmation hearings for the open position on the US Supreme Court vacated by the late Justice Antonin Scalia in February of 2016. The candidate chosen by President Trump is Judge Neil Gorsuch of the 10th Circuit Federal Appeals Court (Colorado). During these hearings some judicial candidates share their views when questioned by the Committee, sometime they do not. However, using the claim that issues asked may ‘someday’ come before the Court, Judge Gorsuch took refusal to answer questions posed to the extreme–not even explaining how he came to decisions he already made–cases he took part in deciding. One such case that should raise the ire of everyone who hauls goods for a living is: TransAm Trucking, Inc. v. Administrative Review Board (ARB), United States Dept of Labor (DOL) regarding trucker Alphonse Maddin. The opinion by the 10th Circuit Appeals Court was filed on August 8, 2016. The facts of this “frozen trucker” case are startling.
A trucker, Alphonse Maddin was hauling cargo for TransAm in the dead of winter through Illinois–January 2009, when the brakes on his tractor-trailer froze because of subzero temperatures. According to the “Opinion” written by one of the three circuit judges hearing the case, Judge Murphy who wrote for the panel consisting of Murphy, McHugh, of which the third panel member Gorsuch wrote a dissent, which means he is in disagreement with the majority opinion, of the other two members of the 10th circuit appeals court who heard the case.
The facts found by the Appeals court are as follows:
How the Administrative Judge and Administrative Review Board of the US Dept. of Labor–Came to Their Conclusion:
It is this provision that Judge Gorsuch shows his true metal…
To read the entire case, click here.
For information on how large Tractor Trailers can be allowed on American Roads to determine danger of having a driver in a vehicle that is deemed ‘unsafe,’ click here.