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Extreme Pro-Wealth Judge Case Studies: Gorsuch & Kavanaugh

Neil Gorsuch’s Famous “Frozen Trucker Case”

After refusing Merrick Garland, Republicans put Neil Gorsuch on the Supreme Court.

Gorsuch rules for powerful corporations, even against safety and common sense.  Consider his famous “Frozen Trucker Case.”

  • A truck company fired a driver because he left his load of meat to keep from freezing to death in weather of minus 27 degrees. The trucker radioed for help when his trailer brakes froze up and the dispatcher told him to wait for help.
  • The engine in the cab wouldn’t idle and the heater wasn’t working. He bundled up in blankets and fell asleep. He woke up hours later in the unheated truck cab at minus 14 degrees feeling numb, with his skin burning and cracking and his speech slurring. He couldn’t feel his feet and he could barely stand.
  • He called company again, told them about the dangerous temperature, and was again told to wait. He waited another half an hour but then had trouble breathing and became afraid for his life, so he called his supervisor.
  • The supervisor ordered him to either drive the truck dangerously dragging the trailer with frozen brakes or to stay there waiting in the frozen cab. Finally, he decided to unhook the trailer and drive to a gas station for help.
  • He got back less than half an hour later and met the mechanic at the trailer but the company fired him for saving his own life. All the other judges ruled for the driver, even in the appeal, but Gorsuch ruled against him, for the truck company.

Apparently, Gorsuch believes the driver should have frozen to death for the sake of the company and believes a corporation can force a worker to die for a load of meat.

Gorsuch’s swing vote at the Supreme Court on forced arbitration contracts has already eliminated millions of consumers’ and employees’ rights to class action lawsuits, violating the rights of those who want to sue over things like:

  • abuse
  • negligence
  • injury
  • discrimination
  • sexual harassment
  • retaliation
  • wage disputes
  • overtime
  • wrongful termination
  • defective products
  • scams

Brett Kavanaugh’s Famous “Sea World Whale Case”

Brett Kavanaugh also consistently rules for large corporations like auto, insurance, and telecommunication companies.

  • Brett Kavanaugh ruled against federal regulations 75 times, against issues like clean air, pollution, worker safety, consumer protection, mortgage abuse, regulating nukes, and net neutrality.
  • That’s why the Koch billionaire coalition spent $10 million to support putting Kavanaugh on the Supreme Court.

Consider Kavanaugh’s famous Sea World case in which a whale killed a female trainer during a performance:

  • Kavanaugh argued that Sea World shouldn’t have to pay a fine for ignoring safety measures, even after a whale trainer named Dawn Brancheau died drowned by Tilikum the killer whale during a performance.
  • Sea World knew the job was dangerous, knew Tilikum had already killed two other previous workers, and knew there were safety measures that could be used.
  • Yet Sea World didn’t bother using the safety measures until after the whale killed Dawn.
  • Kavanaugh disagreed with every other judge in the case and didn’t think Sea World should have to pay a fine for their neglect that killed Dawn.

These are the kinds of judges that Republicans are breaking the rules and rushing to confirm.

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