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Author Topic: my thoughts on Gorsuch hearings  (Read 1037 times)

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my thoughts on Gorsuch hearings
« on: March 21, 2017, 04:44:12 PM »
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  • You really learn a lot about our system watching these hearings, although i got very angry :cussing: when Ted Cruz got cut off by Fox. That was one of the most interesting parts of the hearing and they got cut off! Then after i got over my :cussing:and turned the TV back on and saw they were back to the hearing, it was not Ted Cruz but Al Franken questioning Gorsuch!  AHHHHHHHHH

    But something strange happened. I can't stand Al Franken but I couldn't help agree w/ him about the truck driver case, which i am going to get more info on (i-net), but if all I had to go on was what Franken said, I would say that Gorsuch BLEW it on that court decision. He was dissent, apparently, but anyway... Long story short a truck driver stopped off the side of the interstate and when he got back into his semi, noticed his brakes were frozen, didn't feel it was safe to drive, called for repairs. The repair people took a long, long time getting there and it was sub-zero temp outside and the guy started to go into hypothermia.. left the truck and that's about all i recall, but in any case, the company fired him for that.. I don't know what Gorsuch's reasoning was but there was a statute taht said you can't be fired for making a reasonable decision like that that saves the employee's life or others.. (driving at 10 mph would not be safe on the freeway, which is what he would have had to do w/ frozen brakes..)

    So anyway, I will just say that i don't know all the facts Gorsuch had available to him.. but on the face of it, it doesn't sound too good.

    What Lindsey Graham said brought tears to my eyes.. so beautiful waht he said about the unborn and how they feel pain but "they" (we) didn't know that when Roe v Wade was decided some 40+ yrs ago..

    Thank you LIndsey Graham, someone else i don't always agree with.. for speaking to the whole world about the unborn, the most forgotten, most discriminated group in the world


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    Re: my thoughts on Gorsuch hearings
    « Reply #1 on: March 21, 2017, 05:03:58 PM »
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  • I got the following info from the i-net, can't recall the site, just did a search.

    It doesn't give many details that I have not already given..





    In January of 2009, TransAm driver Alphonse Maddin found himself stuck in subzero temperatures with frozen brake lines and almost no fuel. While waiting for a repairman for over two hours, his truck’s APU stopped working and Maddin began to feel numb. When Maddin expressed concern for his safety to his supervisor, he was told to either stay with the truck and wait or to drag the trailer with him. Maddin opted to detach the trailer and seek help.
    Trucker Takes TransAm To Court Following Termination
     
    Less than a week after the incident, Maddin was fired for abandoning his load.
     
    Maddin filed a whistleblower complaint with OSHA, arguing that TransAm had violated the Surface Transportation Assistance Act in terminating him for the incident. OSHA dismissed the complaint, but the case eventually made it to the Tenth Circuit Court of Appeals.
    Driver Wins, But Trump’s Pick Sides With Company Over Trucker
     
    The Tenth Circuit Court ruled 2-1 in favor of Maddin, arguing that his behavior was protected by the STAA because it is illegal to fire an employee who “refuses to operate a vehicle because . . . the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle’s hazardous safety or security condition.’
     
    The dissenter in the case was Trump’s Supreme Court pick Judge Gorsuch. His dissenting opinion maintains that Maddin violated the law — and disobeyed his employer’s wishes — in unhitching his trailer and driving away.
     
        “A trucker was stranded on the side of the road, late at night, in cold weather, and his trailer brakes were stuck. He called his company for help and someone there gave him two options. He could drag the trailer carrying the company’s goods to its destination (an illegal and maybe sarcastically offered option). Or he could sit and wait for help to arrive (a legal if unpleasant option). The trucker chose None of the Above, deciding instead to unhook the trailer and drive his truck to a gas station. In response, his employer, TransAm, fired him for disobeying orders and abandoning its trailer and goods.
     
        It might be fair to ask whether TransAm’s decision was a wise or kind one. But it’s not our job to answer questions like that. Our only task is to decide whether the decision was an illegal one.
     
        The trucker was fired only after he declined the statutorily protected option (refuse to operate) and chose instead to operate his vehicle in a manner he thought wise but his employer did not. And there’s simply no law anyone has pointed us to giving employees the right to operate their vehicles in ways their employers forbid.”
     
    Cases like this have many worried that Gorsuch will slant the Supreme Court away from the protection of worker’s rights in favor of protecting companies.
     
    According to Neera Tanden, president of the liberal Center for American Progress, “Gorsuch would likely continue the Supreme Court’s trend of ruling in favor of corporations and against American workers and consumers.”
     
     


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    Re: my thoughts on Gorsuch hearings
    « Reply #2 on: March 21, 2017, 06:10:41 PM »
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  • I do greatly appreciate what Gorsuch said about only the well-off having access to the courts

    Boy, did that hit home. I know someone who could have won many lawsuits over the years and few have had better reason to sue than i, and yet the person  couldn't find a lawyer to take the case.. bc the case was based on a violation of the Constitution and there probably wasn't much $$ in it.. although you would think that seruios, egregious violations of the Constitution would be... serious... money-wise.

    anyway, yeh, he was very eloquent on that topic and so i tend to want to overlook how he may have messed up in other areas... may have.. i dont know b/c i wasn't there

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    Re: my thoughts on Gorsuch hearings
    « Reply #4 on: March 22, 2017, 02:39:18 PM »
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  • For better or for worse, under out current system is it not the job of a judge to do what is fair.  It is the job of a judge to do what is law says should be done, even if it is unfair.  To complain that Gorsuch, or any other judge, made a ruling that was unfair is nonsense, because meeting out fairness is not the job of a judge.  If a law is unfair, it is up to Congress, not a judge, to fix it.


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    Re: my thoughts on Gorsuch hearings
    « Reply #5 on: March 22, 2017, 05:51:25 PM »
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  • I didn't see the hearings but I was able to read a few headlines..When a "conservative" judge is before the Judiciary committee, the questioning always goes along the lines of " Will you accept precedent?? Now it's even, "Will you accept "super precedent"? ( I guess illegally decided Roe is super-precedent now)
    Stare Decisis is NEVER mentioned with a demoncrat appointee... they are allowed to change whatever they see fit.( or unfit)  But unborn baby-killing is etched on progressive stone tablets.... Lucifer's law.

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    Re: my thoughts on Gorsuch hearings
    « Reply #6 on: March 23, 2017, 06:44:56 PM »
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  • For better or for worse, under out current system is it not the job of a judge to do what is fair.  It is the job of a judge to do what is law says should be done, even if it is unfair.  To complain that Gorsuch, or any other judge, made a ruling that was unfair is nonsense, because meeting out fairness is not the job of a judge.  If a law is unfair, it is up to Congress, not a judge, to fix it.
    Did you read OP?
    It clearly says that there was a law in that state saying that if an employee has a reasonable belief that he is endangering his own or others' lives by following co. rules, he can disregard the rules (my paraphrase, but not a loose one)
    so according to my best info, Gorsuch did NOT follow the law (properly made by legislators of that state) in that case
    Also something that Gorsuch and you and others seem to be forgetting or don't know is that the primary job of a Sup Ct Justice is to address the Constitutionality (or lack thereof) of the state laws (cases) that come before them. I don't want some state law upheld if it is un-Constitutional (objectively speaking)

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    Re: my thoughts on Gorsuch hearings
    « Reply #7 on: March 23, 2017, 06:48:00 PM »
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  • I didn't see the hearings but I was able to read a few headlines..When a "conservative" judge is before the Judiciary committee, the questioning always goes along the lines of " Will you accept precedent?? Now it's even, "Will you accept "super precedent"? ( I guess illegally decided Roe is super-precedent now)
    Stare Decisis is NEVER mentioned with a demoncrat appointee... they are allowed to change whatever they see fit.( or unfit)  But unborn baby-killing is etched on progressive stone tablets.... Lucifer's law.
    I agree. Some said Dred Scott was decided law also. They over-turned that, and that crazy law, bad as it was didn't involve murder.
    But Roe is upheld by D and R alike (rinos anyway)--totally disgusting. People have a right to not have children but NOT after they already have them.. notice the many cases of parents killing their children that have happened since R v W was decided--a total disrespect for human life, created by God and in his image..
    barbaric


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    Re: my thoughts on Gorsuch hearings
    « Reply #8 on: March 24, 2017, 08:41:49 AM »
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  • Did you read OP?
    It clearly says that there was a law in that state saying that if an employee has a reasonable belief that he is endangering his own or others' lives by following co. rules, he can disregard the rules (my paraphrase, but not a loose one)
    so according to my best info, Gorsuch did NOT follow the law (properly made by legislators of that state) in that case
    Also something that Gorsuch and you and others seem to be forgetting or don't know is that the primary job of a Sup Ct Justice is to address the Constitutionality (or lack thereof) of the state laws (cases) that come before them. I don't want some state law upheld if it is un-Constitutional (objectively speaking)
    I did read the OP.  I also read the actual case.  It was a dispute as to how to interpret a statute.  Gorsuch was simply applying the law as he understood it.  You can disagree as to whether it was a proper interpretation, but, again, it was his job to apply to law and he understands it, not reach a "fair" decision.
    Also, you are FLAT OUT WRONG that the "primary job of a Sup Ct Justice is to address the Constitutionality (or lack thereof) of the state laws (cases) that come before them."  That is one component of their job, but it is NOT their primary function.  On the contrary, the Supreme Court often simply interprets the meaning of existing statutes, that don't implicate their constitutionality.  That is exactly what was happening with the trucker case.

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    Re: my thoughts on Gorsuch hearings
    « Reply #9 on: March 25, 2017, 01:15:09 PM »
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  • I did read the OP.  I also read the actual case.  It was a dispute as to how to interpret a statute.  Gorsuch was simply applying the law as he understood it.  You can disagree as to whether it was a proper interpretation, but, again, it was his job to apply to law and he understands it, not reach a "fair" decision.
    Also, you are FLAT OUT WRONG that the "primary job of a Sup Ct Justice is to address the Constitutionality (or lack thereof) of the state laws (cases) that come before them."  That is one component of their job, but it is NOT their primary function.  On the contrary, the Supreme Court often simply interprets the meaning of existing statutes, that don't implicate their constitutionality.  That is exactly what was happening with the trucker case.
    well, i am sorry but i wont be taking your word for it. People in the LOWER courts are the ones to hash out whether a law or statute was broken or whatever. That is why when they lose, they appeal to the Sup Court. Do you think all those lawyers at the lower level are going to argue a case where clearly a law has been broken? Well, sometimes they do.. but most of the time, there is a question at the lower court level about Constitutionality and that is why people go to the sup Ct

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    Re: my thoughts on Gorsuch hearings
    « Reply #10 on: March 27, 2017, 08:14:00 AM »
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  • well, i am sorry but i wont be taking your word for it. People in the LOWER courts are the ones to hash out whether a law or statute was broken or whatever. That is why when they lose, they appeal to the Sup Court. Do you think all those lawyers at the lower level are going to argue a case where clearly a law has been broken? Well, sometimes they do.. but most of the time, there is a question at the lower court level about Constitutionality and that is why people go to the sup Ct
    You SEVERELY misunderstand what I said.  I never said it was the Supreme Court's job to decide whether a statute was broken, I said it was the Supreme Court's job to determine how to interpret a statute.  Those are two very different things.  A perfrect example is a case decided by the Supreme Court just five days ago, where the Court decided how to interpret the Copyright Act of 1976.  It has nothing whatsoever to do with anyone's constitutional rights, or the constitutionality of a law.  It only had to do with how to properly interpret the copyright statute.
    https://www.supremecourt.gov/opinions/16pdf/15-866_0971.pdf