“A trucker was stranded on the side of the road, late at night, in cold weather, and his trailer brakes were stuck,” wrote appeals court judge Neil Gorsuch, last August, in a dissenting opinion that is apt to come up at his confirmation hearings next week for the open seat on the U.S. Supreme Court.
“He called his company for help and someone there gave him two options,” Gorsuch continued. “He could drag the trailer carrying the company’s goods to its destination (an illegal and maybe sarcastically offered option). Or, he could sit and wait for help to arrive (a legal if unpleasant option). The trucker chose None of the Above, deciding instead to unhook the trailer and drive his truck to a gas station.”