Consider This! | Conservative political commentary in 10 minutes or less

Consider This! | Conservative political commentary in 10 minutes or less


Episode 173: Franken v Gorsuch, and How the Left Views the Judiciary

April 03, 2017

Last week, Senator Al Franken (D-SNL) questioned Judge Neil Gorsuch about a case from last year. And when I say “questioned”, I mean told Gorsuch what he thought he should have done. If you wanted to find out why Gorsuch ruled the way he did, you won’t find it in the 8-minute video below.
These hearings are trying to determine whether or not Gorsuch is qualified. Franken apparently thought they were all about him. Otherwise, why not let Gorsuch explain himself even once?
Worse, this  demonstrated a view of the judiciary that the Left has, which turns us into a nation, not of laws, but of the whims of whoever’s in power. You’d think that, in the age of Trump, they’d try to avoid that at all costs. Nope.
Mentioned links:
Neil Gorsuch earns his Supreme Court seat

Show transcript
The confirmation hearings for Judge Neil Gorsuch occurred last week, and Democrats, who unanimously approved his appointment to the federal bench found themselves in the position of tearing down a Justice they voted for just ten years ago. In order to do this, they zeroed in on a single case from last year.
First, you need to understand that this is one case out of about 2,700 he had heard. Of those cases, 97% were decided unanimously, and 99% of the time he was in the majority. So Democrats had precious little to work with to try to paint Neil Gorsuch as out of the mainstream.
In this case, he was the sole dissenting judge where a truck driver, stranded in sub-zero weather, disobeyed the directions of his supervisor and left his truck on the side of the road to seek shelter.
Why would Judge Neil Gorsuch make such a ruling? What was he thinking? Keep that question in mind. It is the central question of the whole case.
Before the hearings, Democrats brought out the truck driver, Alphonse Maddin, as part of the political theater. He got a chance to tell his side of the story. I agree that on its face, the decision is very puzzling. When faced with the choice of life and death, how can you rule against someone choosing to stay alive? In the end, I believe the panel of judges made the right decision, ruling in favor of Maddin. What was Judge Gorsuch thinking?
Again, there’s that question.
During the confirmation hearings, Senator Al Franken took part of his time to pursue that line of questioning. He spent 8 minutes on this subject. Let’s find out how he used that time.
Franken, after saying he understood the reasoning behind the dissent, then said he was puzzled by it. Only Al Franken could be puzzled by something he says he understands. The implication is he’s going to ask Judge Gorsuch to sexplain himself. Let’s find out if he does.
While laying out the facts of the case, Franken asks Gorsuch a few questions. Would you want to be on the interstate with a slow truck that has frozen brakes? The cab’s brakes were OK but the trailer’s were frozen, so Maddin did not want to drive it on the highway.  Gorsuch answers No. Is this a question about the law or Gorsuch’s application of it as a judge? No.
He then asks Gorsuch a hypothetical question. Which would you have done; stay with the truck and possibly freeze to death, or do what Maddin did and leave to get warm first? Maddin unhitched the trailer and drove away to get warm for about 15 minutes. Gorsuch answered that he had no idea what he would do in that situation. Franken made a big deal about the fact that Gorsuch didn’t answer Yes or No, while Gorsuch insisted he can’t imagine what he would do in that same situation. Gorsuch even acknowledged that he understood completely why Maddin made the choice he did. But for Franken, this was the most important issue; whether or not Gorsuch would do what the defendant did ...