Bottles of Roundup are seen for sale in a store in New York City, June 30, 2022. (Andrew Kelly/Reuters)

To read the headlines and social media hyperbole, you might think that yesterday's 7–2 decision in Monsanto Co. v. Durnell was in favor of Monsanto giving people cancer. In fact, it involved a fairly straightforward application of federal preemption principles, albeit in a way that produced an unusual lineup. Justice Brett Kavanaugh's opinion attracted the votes of Justices Elena Kagan and Sonia Sotomayor, while Justice Neil Gorsuch joined the dissent by Justice Ketanji Brown Jackson. Justice Clarence Thomas, who typically hates federal preemption, joined the majority but wrote separately (as is his wont) to argue that the federal statute in question ...

National Review

Continue reading this article with an NRPLUS subscription.

America 250 Special Offer: 6 Months of NRPLUS for $17.76.

subscribe now

The Latest

Bernie Moreno’s Left Turn

The Ohio Republican has joined with Elizabeth Warren to propose one of the largest tax increases in American history, a violation of his anti-tax pledge.

The Editors