Alfonse Madden in 2009 was hauling a load of frozen meat
He pulled off the road to discuss possible fueling locations
The temperature outside was -27F and there was no cabin heat
He was having shortness of breath and could not feel his legs or feet
The brakes on the trailer froze up tight as a drum
And he fell asleep for three hours waiting for the mechanic to come
When he awoke his condition was worse – -skin cracking and slurred speech
He was told by the company to stay there or pull the rig out on the street
Since that would put other drivers in danger
He locked then disconnected the frozen trailer
And drove for fuel and for cabin warmth out on the road
And returned, hooked up the rig, and delivered his load.
On returning to Olathe, Kansas and TransAm trucking’s corporate HQ
He was summarily fired for abandoning the rig—what would you do?
And on suing to restore his position and back pay
Six administrative judges in three venues had this to say:
What Madden did was certainly right
For public safety and to save his own life
Only Judge Gorsuch upheld the corporation
Condemning Madden for self-preservation
And Gorsuch’s fame spread rapidly to the Federalist Society
Who nominated Gorsuch for Trumps Supreme Court Scalia replacement
For his demonstrated loyalty to corporate screeds
With only contempt for the average man’s needs.
But Professor Chemerinsky in Closing The Court House Door relates
How the supreme court should be available without debate
For all who have suffered a constitutional wrong and need redress
And that this is required for justice
Marbury v. Madison established years ago the facts
That the Federal courts have the right to review
The constitutionality of Congressional and presidential acts
Assuring that justice and equity shine through
Gorsuch comes across as a hard-hearted man arguing law dispassionate
While at the same time trying to appear compassionate
But his history as a definite unsavory flavor
As the best predictor of the future is past behavior
Howard P Charman MD 2017