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mahatmakanejeeves

(71,593 posts)
8. First opinion is Monsanto v. Durnell. The vote is 7-2.
Thu Jun 25, 2026, 10:04 AM
Thursday
Amy Howe
Mod
Today at 10:01 AM
First opinion is Monsanto v. Durnell.
The vote is 7-2. It is by Kavanaugh.
Jackson dissents, joined by Gorsuch.
This is a case about whether a federal law – the Federal Insecticide, Fungicide, and Rodenticide Act – that regulates the use, sale, and labeling of pesticides – bars a lawsuit against Monsanto, the maker of Roundup weedkiller, for failing to include a warning on the label about the risks of cancer. The EPA did not require Monsanto to include such a warning, and the agency has said that the active ingredient in Roundup, glyphosate, does NOT cause cancer.
The court holds that FIFRA preempts (that is, trumps) Durnell's claim under state law.
sarah isgur
Mod
Today at 10:02 AM
Gorsuch and Jackson together in dissent---my two YOLO, least institutionalist justices. We've seen them join each other's concurrences quite a bit last term.
Rory K. Little
Mod
Today at 10:02 AM
Interesting dissent combo. Kind of like Hunter, last week (about appeal waivers) where they joined in a concurrence.
Amy Howe
Mod
Today at 10:03 AM
The court reverses the ruling by the Missouri Court of Appeals for Durnell and sends the case back to the lower court for "further proceedings not inconsistent with this opinion."
Zachary Shemtob
Mod
Today at 10:03 AM
https://www.supremecourt.gov/opinions/25pdf/24-1068_n7ip.pdf

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