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By Marion Nestle

June 30 2026

The Supreme Court’s Decision about Glyphosate: Wrong, Infuriating, and Un-MAHA

The Supreme Court has just handed Bayer, which owns Monsanto, a “landmark victory.” The decision may well overturn thousands of pending cases of people suing Bayer in the belief that the herbicide glyphosate (Roundup) caused them to develop non-Hodgkin’s lymphoma.

The Supreme Court’s ruling in Monsanto v. Durnell states its premise in the first paragraph:

Monsanto Company manufactures and distributes Roundup, a glyphosate-based herbicide designed to control weeds. The EPA has repeatedly evaluated glyphosate and repeatedly concluded that glyphosate is not likely to cause cancer. EPA’s assessment is shared by many other regulatory bodies around the world. In accordance with EPA’s view that glyphosate is not likely to cause cancer in humans, EPA has not required labels on glyphosate-based pesticides like Roundup to include a cancer warning.

Ergo: If the EPA says glyphosate is not carcinogenic, glyphosate is not carcinogenic.

An advocacy group, Protect Our Care, organized an emergency virtual event in Washington, DC, to condemn this “deeply misguided” decision.

The Supreme Court ruled in favor of industry and the Trump administration by effectively granting Donald Trump’s big chemical industry donors blanket immunity from state-based liability claims involving the cancer-linked glyphosate chemical found in Roundup pesticides. In the administration’s latest betrayal of the MAHA movement, Trump’s DOJ filed an amicus brief in support of Monsanto – now owned by Bayer — and Trump’s Principal Deputy Solicitor General argued alongside the chemical maker in court. The decision is also a major affront to cancer survivors, now denied a pathway to damages for any injuries and financial costs they may have endured following exposure to glyphosate.

At the event, Senator Cory Booker said:

Today’s a really a grievous day where the people of the United States saw that their Supreme Court corrupted by massive gifts from billionaires and people of interest in matters before them. A court that takes gifts, from RVs to tuition to lavish gifts, sided with the wealthy, powerful multinational corporation reversing years and years of precedent, dismissing ultimately effectively hundreds and hundreds, in fact 1000s of cases. They sided with the big multinational corporations against the people. Worse than that, compounding that, is a president who said he stood with the MAHA movement has betrayed that movement by now siding with the big corporations and those who are poisoning people in our country.

Why is this infuriating?

(1) The EPA relied on evidence developed by Monsanto: The EPA Relied on an Influential Glyphosate Study Even After Learning Monsanto Was a “Ghost Writer”

The US Environmental Protection Agency has known for nearly a decade that an influential 2013 scientific paper that concluded glyphosate is safe was actually ghostwritten by developer Monsanto. But the agency never informed the public and continued to rely on it, according to an EPA memo obtained by Mother Jones and revealed here for the first time.

(2) Monsanto created its own evidence for the safety of glyphosate: Merchants of Poison: How Monsanto Sold the World on a Toxic Pesticide.

(3) The Trump administration’s support of Bayer was aided by officials who came from Bayer’s law firms.

(4) Getting glyphosate out of the food supply has been a stated objective of the MAHA movement and of HHS Secretary, RFK, Jr (although he later changed his stance)

One more thing: let’s not be taken in by President Trump’s executive order “advancing regenerative agriculture.” This is really about biofuel production: “The new framework creates significant opportunities for America’s leading biofuel feedstock producers.”

By regenerative, this order refers to “cover crops, improved nutrient management, and conservation tillage—including no-till and reduced tillage.”

This is not my idea of the meaning of regenerative. I much prefer the approach of Real Organic Project: “is a farmer-led, soil-grown, pasture-raised WHOLE farm certification with labor protections. “

If a farm uses glyphosate, it’s not regenerative, not matter how much no-till it uses.

This one is not over yet. At least one lawsuit has been filed to disclose how all this happened.

Stay tuned.

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