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Wednesday, March 22, 2017

Neil Gorsuch: Why He is Unassailable as a Prospective Supreme Court Justice

Judge Neil Gorsuch (wikimedia commons)
Judge Neil Gorsuch is the perfect nominee for the Supreme Court. Why? He understands exactly what his job is... and what it is not. A concept which seems to be lost on many liberals. I can't quite tell if they're too stupid to understand the purpose of the Supreme Court, or if they are pretending they don't so they can push their liberal agenda, using the court system. Could be either.

One of the cases used to attempt to show how horribly harsh and thoughtless Judge Gorsuch is was the case of the truck driver whose rig was stuck in a snow storm on the highway in sub-zero temperatures in the middle of the night. Apparently the man radioed in and was told to stay with the rig, as was company policy, until help arrived. He waited and waited and help didn't arrive. Finally, at the point of hypothermia, the trucker left the rig to get help. He was fired for disobeying company policy and direct instructions. Judge Gorsuch sided with the company. WHAT A MEEEEEAN MAN!

Okay, liberals, now listen up. I'm going to try to explain how a judge operates (or should) using the absurd to illustrate. Ready? Okay, suppose, just for the sake of argument, that there was a law on the books in the state where this event took place that said "Any trucking company has the right to require a trucker to remain with his rig, regardless of weather conditions or how long he is forced to wait for help to arrive." Silly law, but remember, I'm using the absurd to make a point!

So the man goes to court and tells his story. Judge Gorsuch isn't really such a meanie. Let's say he was all choked up, listening to the man's recounting of the events of that frigid night. No, lets's say Judge Gorsuch was spilling tears of sympathy as he listened to the man describe how cold he was, how afraid he was that he would freeze to death, how he called his wife from the cab and said goodbye to her in case he didn't make it.

But how the good judge felt about the story, however unfair he thought the company was to fire him for leaving the truck, he would be compelled to rule in favor of the company, because the law says that it is legal to require him to stay and he violated that requirement. Now it may be a bad law. But it is not the judge's job to change that law, only to apply it as it is currently in force.

(pixabay.com)
So where's the justice?? Well, perhaps the state legislature, after seeing that the ruling the court handed down seemed terribly unfair to the trucker, might decide that the law may be a bad one. Maybe that law needs to be changed or scrapped from the books. It is their job to change or eliminate the law, not the judge's.

Do you get it now??? It's really not that hard. But, of course, if this were not the case - if judges were supposed to rule based on their personal feelings about a case or a litigant - that makes it much easier for liberals, who have hard time getting their ideas accepted at the ballot box (because they are absurd), to manipulate the law to their liking. And that's really what it's all about.

Judge Gorsuch knows, as he has demonstrated in his hearings, that his job is to apply the law as it is written. And that's whether he thinks the outcome is fair or unfair. He knows that he must leave it to the legislature to decide on the fairness of a law and take action to correct any unfairness. He will not make a decision based on his personal beliefs, ideology, or feelings. He will put those aside and consider only what the law says.

That is why he is unassailable. Because that is what a judge is supposed to do. Period.

Kat