Page 5 - ARUBA TODAY
P. 5

A5
                                                                                                 U.S. NEWS Thursday 23 March 2017
                Trucker: ‘Surreal’ to be topic of Supreme Court nomination



            JEFF KAROUB                  dural  hurdles  that  require                                                          stead to unhook the trailer
            Associated Press             60 votes.                                                                              and drive his truck to a gas
            DETROIT (AP) — During Su-    Earlier  this  month  in  Wash-                                                        station. In response, his em-
            preme Court nominee Neil  ington, Maddin joined Sen-                                                                ployer,  TransAm,  fired  him
            Gorsuch’s  Senate  confir-   ate Minority Leader Chuck                                                              for  disobeying  orders  and
            mation hearings, one case  Schumer  and  others  to                                                                 abandoning  its  trailer  and
            came  up  repeatedly:  A  share their concerns. Being                                                               goods.”
            truck  driver  was  fired  for  an activist certainly wasn’t                                                        The passage from Gorsuch
            leaving  his  trailer  of  meat  Maddin’s plan after endur-                                                         struck  a  nerve  with  Mad-
            on the side of an Illinois road  ing what he described as a                                                         din,  who  said  it  understat-
            after  breaking  down  on  a  “seven-year battle.”                                                                  ed  the  extreme  cold  of
            frigid night in 2009, fearing  He  declined  to  return  to                                                         the night and the “survival
            he’d freeze to death.        TransAm    Trucking   Co.,                                                             mode”  he  adopted.  He
            The  federal  appeals  court  worked  several  jobs  that                                                           said  his  torso  went  numb,
            judge  last  year  dissented  “didn’t  pay  much,”  and                                                             he  couldn’t  feel  his  feet
            from  a  ruling  ordering  a  earned  bachelor’s  and                                                               and felt himself “fading.”
            trucking company to rehire  master’s  degrees  —  the                                                               “It  seemed  like  an  at-
            Alphonse Maddin. Gorsuch  latter focusing on aeronau-                                                               tempt to avoid the human
            argued  he  had  to  deter-  tics.                                                                                  element,”  Maddin  said.
            mine  whether  the  truck-   Last  August,  he  happily                                                             “When  you  think  some-
            ing company’s decision to  read  the  majority  deci-                                                               thing that’s a legal matter,
            fire  Maddin  was  legal,  not  sion of the appeals panel,   Alphonse Maddin, a former truck driver whose case once was   that  nature  and  magni-
            “wise or kind.”              which held that federal law   heard by Supreme Court nominee Neil Gorsuch, speaks during   tude, I would think that he
                                                                      an interview with The Associated Press, Wednesday, March 22,
            In  Detroit,  where  Maddin  protects  drivers  from  dis-  2017, in Detroit. Madden told the AP it is “surreal” that his per-  would have referred to me
            lives  and  400  miles  away  missal when they refuse to   sonal story has been the focus of national debate.       ...  by  name.  He  refers  to
            from that Capitol Hill hear-  operate an unsafe vehicle.                               (AP Photo/Mike Householder)  me simply as a trucker.”q
            ing  room,  he  finds  it  “sur-  He  paid  little  attention  to
            real” his personal story has  the dissent, until he learned
            been the focus of national  President  Donald  Trump
            debate — and is now part  had nominated Gorsuch to
            of the discussion on wheth-  the Supreme Court.
            er someone ascends to the  Gorsuch wrote the Surface
            nation’s highest court.      Transportation  Assistance
            Assured  of  support  from  Act, which bars companies
            majority  Republicans,  Gor-  from firing a driver who “re-
            such  appears  primed  to  fuses to operate” an unsafe
            join the bench. But Maddin,  truck, didn’t apply to Mad-
            48, is using his unexpected  din. Gorsuch reasoned that
            platform to render an opin-  the truck driver was operat-
            ion  on  a  jurist  he  believes  ing the truck by driving off,
            put  ideology  above  hu-    not refusing to operate it.
            man interest in his case.    Writing   for   the   major-
            “It makes me consider what  ity, Judge Michael Murphy
            would  the  consequences  said the law could easily be
            be  if  my  case  had  gone  seen as applying to drivers,
            to the Supreme Court level  such as Maddin, who are at
            and  had  been  adversely  risk by staying put. Murphy
            impacted  by  his  ideolo-   also  directly  challenged
            gy?” Maddin said Wednes-     Gorsuch’s  narrow,  literal
            day  from  the  conference  meaning  of  “operate.”  “A
            room  of  the  lawyer  who  trucker  was  stranded  on
            successfully argued on the  the  side  of  the  road,  late
            former truck driver’s behalf.  at  night,  in  cold  weather,
            Maddin’s  case  has  been  and his trailer brakes were
            cited by many Democrats  stuck,”  Gorsuch,  a  federal
            and other critics, who have  judge  in  Denver,  wrote  in
            argued  Gorsuch  tends  to  his dissent. “
            favor business interests over  He called his company for
            ordinary Americans.          help  and  someone  there
            The  confirmation  hearing  gave  him  two  options.  He
            will  end  with  outside  wit-  could  drag  the  trailer  car-
            nesses  talking  about  Gor-  rying the company’s goods
            such.  A  committee  vote  to its destination (an illegal
            then  is  expected  April  3,  and  maybe  sarcastical-
            with  a  Senate  floor  vote  ly  offered  option).  Or  he
            later  that  same  week.  Re-  could sit and wait for help
            publicans  control  the  Sen-  to arrive (a legal if unpleas-
            ate  52-48,  so  it  would  re-  ant option).
            quire  eight  Democrats  to  The trucker chose None of
            move Gorsuch past proce-     the  Above,  deciding  in-
   1   2   3   4   5   6   7   8   9   10