
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 ...

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