As is so often the case for controversies before the Supreme Court, this case isn't so much about glyphosate as it is about the interface between federal and state law.
Since 1991, the EPA has held that glyphosate is not carcinogenic; it was (at the time) categorized "Group E", which means that not only is there not evidence for it being carcinogenic, but that there is material evidence that it is not. Later, IARC (in a decision that was controversial among global public health agencies) listed glyphosate as a 2A probable carcinogen, alongside red meat, potatoes, deep fryer oil, and a slew of scary chemicals that includes many other insecticides and herbicides.
States like California enacted labeling-law regimes that key in part off IARC's classification, which meant that in those states Roundup products required labeling. Monsanto/Bayer lost civil cases based on failure to label.
That's the domain-specific stuff. What the court likely cares about is the preemption doctrine. In a variety of different situations, competing state and federal statutes are by explicit or implicit preemption rules. In many cases, federal preemption is a result of bargains with industry: for instance, we got programs like Energy Star after negotiations where industry (and the states dependent on those industries) made concessions to the federal government in exchange for exemptions from state regulation, which is why there's controversy over local municipal ordinances that attempt to ban gas ranges (apropos nothing, but: combustion products of gas ranges: also IARC carcinogens).
There's a weird backstory to public opposition to glyphosate which has very little to do with glyphosate itself (as someone else on this thread pointed out, glyphosate is relatively benign and relatively inert compared other common crop and landscape treatments), but rather with the idea that glyphosate is part of the technology stack of GM crops.
For those people it's worth knowing that the civil liability Monsanto/Bayer is trying to avoid here is approximately the same as the reason Jays Potato Chips bags sometimes have "Not For Sale In California" labeling. Nobody has declared that Roundup is categorically unsafe. Some states have declared that you have to label it the same way you would a gas station or Disneyland ride.
Important to note it's not Glyphosate on trial, it's Roundup. There is a huge gulf between studies and conclusions on Glyphosate, and studies and conclusions on Roundup. Glyphosate is the safest and most effective herbicide known to mankind. Roundup - which includes Glyphosate, in addition to other additives - may be unnecessarily dangerous.
Also worth noting that Monsanto could stop selling Roundup entirely, and it wouldn't really matter. Monsanto's Glyphosate patent expired, so you can get cheaper Glyphosate from many different manufacturers. Which is great, because it means we can avoid the potentially-more-dangerous Roundup, and use the simpler base chemical instead. Distancing the pesticide from the "evil corporation" might actually make people less afraid of it.
> you can get cheaper Glyphosate from many different manufacturers. Which is great, because it means we can avoid the potentially-more-dangerous Roundup, and use the simpler base chemical instead.
Unspecified Glyphosate product isn't better because it's not Roundup. If some ingredient in Roundup is dangerous, let's drop the Glyphosate conversation and look for herbicides without that other mystery chemical.
It really seems like you're looking for a reason to justify Roundup as uniquely bad, in the face of evidence, with extremely vague statements.
>As is so often the case for controversies before the Supreme Court, this case isn't so much about glyphosate as it is about the interface between federal and state law.
It was mentioned on a podcast recently that in many cases, the SC is not making a decision on what should/shouldn't happen/be the policy/is correct or whatever. They are deciding which layer of government gets to decide a given question. The Executive Branch? Legislation? Constitution? Who is the controlling entity?
Now, in a practical sense, by the time it gets to the SC, making a decision on who gets to decide, is, functionally, picking what the outcome is, since the various layers of government have already made their positions clear.
But the upshot is, if one is upset with what happens with a given policy after a SC decision, in many cases (although not all), the proper target of one's ire should not be the SC; since what they are usually saying is something like "this is something that is controlled by statute. If the statute is dumb/bad/poorly written, that is not our fault nor within our control, take it up with Congress to rewrite the statue", and instead one should be upset with whoever the controlling entity is for doing a bad job (in recent years: most commonly congress, not so much for doing a bad job so much as not doing any job)
The best-reasoned criticism of glyphosate is that it disrupts the gut biome (this is a fact). I suspect that many "gluten allergies" are actually gut biome problems from glyphosate-desiccated wheat.
Anything that reaches the gut intact disrupts (ie: manipulates, interacts with, alters, stimulates or suppresses, selects) the gut biome. I'm not pushing back on you except to say that as a mechanistic axiomatic claim of harm, it's missing most of the evidence. You could be right, but you could also be wrong; what you've said so far can't possibly be dispositive.
The mechanism of action of glyphosate inhibits several important amino acid production processes in the gut. I'm simplifying here, but not having glyphosate in the food supply would be a good thing for the gut, and the science agrees on this.
Glyphosate for field prep also doesn't really come through in food, it's much worse with the pre-harvest desiccation.
You are inferring from our crude understanding of processes in general. Evidence is more specific.
Do you have an exclusion trial comparing glyphosate vs non-glyphosate diets? This is amenable to natural experiments where one country bans it on a specific date and the neighbor does not.
AFAIK the preponderance of the evidence is that most "gluten sensitivity" is actually just a FODMAP sensitivity, which also interacts with the gut biome.
It sounds like this would actually be good to decide now if the court were truly a "conservative" court - there is no legitimate reason for preemption to apply to labeling laws (even as broken as California's labeling law is), as labeling a product a certain way is not a mutually-exclusive action. But I expect the rank hypocrisy will win out, especially with the "culture war" backdrop of California delenda est.
I think that this will be material to me in the sense in which it resolves some questions about whether Oak Park, the ultra-blue inner-ring suburb suburb in which I live, can ban gas ranges, which I enjoy cooking on. I guess I think Bayer has the better case here.
In the message board controversy over glyphosate itself, I don't think this case has much to say. The state labeling regime was either preempted or not; that's a technicality of state and federal statutory evaluation. If the labeling regime is enforceable, it doesn't much matter whether it was about IARC classification or midichlorian counts. Strict liability is strict liability.
The substantive part of this case, whether glyphosate is an inherently dangerous or flawed product, was resolved by the trier of fact in favor of Monsanto.
A simpler way to say all of this: "the safety of glyphosate is not before this court".
> There's a weird backstory to public opposition to glyphosate which has very little to do with glyphosate itself (as someone else on this thread pointed out, glyphosate is relatively benign and relatively inert compared other common crop and landscape treatments), but rather with the idea that glyphosate is part of the technology stack of GM crops.
I still don’t understand why people seem to care about genetically modified glyphosate tolerant soybeans and corn, they’re mostly fed to animals anyways.
Apart from the health aspect, there is the thing were these GMOs are patented and the business model is one where farmers are not allowed to keep a portion of this years yield to use to seed for next year, but essentially get roped into a subscription model for the crops they plant.
Essentially turning
> You wouldn't download a car
into
> You wouldn't plant your seed for your crop.
Which is obviously absurd.
So while GM has enabled some pretty good things, it also comes with the same sort of intellectual property baggage that plagues many different areas of society, which on the face of it make some sense, but always seem to skew towards concentrating money towards those who already live a comfortable life, squeezing from those who have less to begin with.
I don't think the case law supports this argument that farmers got roped into subscription crops. Farmers use this system because it has value, and is economically superior to the systems that preceded it (or they don't use it).
It's striking how many of these "product safety" cases are decided in the court of public opinion, independent of actual scientific merit. The case of DDT was pretty interesting. More recently, we have microplastics - no one has really shown they're dangerous to humans, but there's enough hand-waving that "everyone knows" they're killing us. And aspartame, etc...
Glyphosate is probably the safest of the things people spray their lawns with. I don't think we should - the worst you get on a typical suburban lawn if you mow but don't spray are dandelions and clover - but it's probably not giving you cancer. As for food... again, there are far worse, more persistent pesticides that escape this kind of scrutiny.
Worth noting here that the trier of fact in this case mostly agrees with you about this stuff; the issue is that the state statutes in question created strict liability conditions for failure to comply with warning label regimes. The plaintiff brought substantive charges about Roundup to the case, and the jury rejected them.
From an environmental perspective you are probably right. One of the nice things is that glyphosate, unlike most herbicides, is broken down quickly by soil bacteria.
The longer term issue is evolved weed resistance due to its over use with "Roundup Ready" crops and for end of the season dry down.
I think the fears about glyphosate resistance owes too much to antibiotic resistance, but I am not really sure it makes sense.
I suppose there's some regimen where you carefully monitor every plant sprayed with a weedkiller is monitored for survival and killed with fire if it survives, or some other extreme measure to be sure there are no survivors to develop resistance, but realistically the weeds are going to develop resistances over time.
And ... so what? The value of a weedkiller like glyphosate is using it to kill a lot of weeds in wide-scale agriculture. If the weeds develop a resistance to it, and we stop using it because it's no longer effective, we're not really in a worse position than if we never used it at all. It's not like there are some really bad weeds we need to save it to be able to combat.
That people would be on the whole less healthy had glyphosate not been on the market, because other herbicides, all of which were and are in common use, are worse.
No, mass starvation would not ensue from having to fight weeds using mechanical means. It would take more work and more fuel, but it is eminently doable if the need is there. Especially if the change would be gradual.
Making do without artificial fertilizer would be a lot harder.
Perhaps if herbicides weren't viable, more work would've gone into developing the mechanical alternatives and we'd have had solar-powered machines removing weeds from fields.
Increased work and fuel means increased costs, increased costs means increased prices, increased prices means less food available for purchase by those on the margins, less food means starvation.
I don't think that is the only alternative. If the end goal is to preserve life for humans, completely nuking the soil into a wasteland, treating it with carcinogens and then allowing a company to genetically modify seeds and copyright them is a pretty bad and short sighted strategy.
Allowing a known carcinogen to make crops "easier to harvest" has to do with profit margin not food supply. People literally use this to kill dandelions in their yards. I have known many people who have died from cancer. I have eaten dandelions, while bitter, are actually healthy. A good start would be to work with nature instead of trying to out engineer it.
If roundup is your alternative to starvation you're probably just delaying the inevitable.
> If roundup is your alternative to starvation you're probably just delaying the inevitable.
Yes. That is literally exactly what we're doing. You can't sustain the current human population without fertilizers and pesticides made from fossil fuels. Half the people on the planet would die.
If we don't want half the planet to die, we need pesticides. So do you choose a pesticide that's more harmful, or less? If you said "less", then you want glyphosate.
You both have premises that are too far apart to debate productively; what you're really debating is naturalism vs. technology, scale vs. degrowth, humanism vs. environmentalism. All worthwhile philosophical debates, but you won't get anywhere sniping at each other about them.
As is so often the case for controversies before the Supreme Court, this case isn't so much about glyphosate as it is about the interface between federal and state law.
Since 1991, the EPA has held that glyphosate is not carcinogenic; it was (at the time) categorized "Group E", which means that not only is there not evidence for it being carcinogenic, but that there is material evidence that it is not. Later, IARC (in a decision that was controversial among global public health agencies) listed glyphosate as a 2A probable carcinogen, alongside red meat, potatoes, deep fryer oil, and a slew of scary chemicals that includes many other insecticides and herbicides.
States like California enacted labeling-law regimes that key in part off IARC's classification, which meant that in those states Roundup products required labeling. Monsanto/Bayer lost civil cases based on failure to label.
That's the domain-specific stuff. What the court likely cares about is the preemption doctrine. In a variety of different situations, competing state and federal statutes are by explicit or implicit preemption rules. In many cases, federal preemption is a result of bargains with industry: for instance, we got programs like Energy Star after negotiations where industry (and the states dependent on those industries) made concessions to the federal government in exchange for exemptions from state regulation, which is why there's controversy over local municipal ordinances that attempt to ban gas ranges (apropos nothing, but: combustion products of gas ranges: also IARC carcinogens).
There's a weird backstory to public opposition to glyphosate which has very little to do with glyphosate itself (as someone else on this thread pointed out, glyphosate is relatively benign and relatively inert compared other common crop and landscape treatments), but rather with the idea that glyphosate is part of the technology stack of GM crops.
For those people it's worth knowing that the civil liability Monsanto/Bayer is trying to avoid here is approximately the same as the reason Jays Potato Chips bags sometimes have "Not For Sale In California" labeling. Nobody has declared that Roundup is categorically unsafe. Some states have declared that you have to label it the same way you would a gas station or Disneyland ride.
Important to note it's not Glyphosate on trial, it's Roundup. There is a huge gulf between studies and conclusions on Glyphosate, and studies and conclusions on Roundup. Glyphosate is the safest and most effective herbicide known to mankind. Roundup - which includes Glyphosate, in addition to other additives - may be unnecessarily dangerous.
Also worth noting that Monsanto could stop selling Roundup entirely, and it wouldn't really matter. Monsanto's Glyphosate patent expired, so you can get cheaper Glyphosate from many different manufacturers. Which is great, because it means we can avoid the potentially-more-dangerous Roundup, and use the simpler base chemical instead. Distancing the pesticide from the "evil corporation" might actually make people less afraid of it.
> you can get cheaper Glyphosate from many different manufacturers. Which is great, because it means we can avoid the potentially-more-dangerous Roundup, and use the simpler base chemical instead.
Unspecified Glyphosate product isn't better because it's not Roundup. If some ingredient in Roundup is dangerous, let's drop the Glyphosate conversation and look for herbicides without that other mystery chemical.
It really seems like you're looking for a reason to justify Roundup as uniquely bad, in the face of evidence, with extremely vague statements.
>As is so often the case for controversies before the Supreme Court, this case isn't so much about glyphosate as it is about the interface between federal and state law.
It was mentioned on a podcast recently that in many cases, the SC is not making a decision on what should/shouldn't happen/be the policy/is correct or whatever. They are deciding which layer of government gets to decide a given question. The Executive Branch? Legislation? Constitution? Who is the controlling entity?
Now, in a practical sense, by the time it gets to the SC, making a decision on who gets to decide, is, functionally, picking what the outcome is, since the various layers of government have already made their positions clear.
But the upshot is, if one is upset with what happens with a given policy after a SC decision, in many cases (although not all), the proper target of one's ire should not be the SC; since what they are usually saying is something like "this is something that is controlled by statute. If the statute is dumb/bad/poorly written, that is not our fault nor within our control, take it up with Congress to rewrite the statue", and instead one should be upset with whoever the controlling entity is for doing a bad job (in recent years: most commonly congress, not so much for doing a bad job so much as not doing any job)
The best-reasoned criticism of glyphosate is that it disrupts the gut biome (this is a fact). I suspect that many "gluten allergies" are actually gut biome problems from glyphosate-desiccated wheat.
Anything that reaches the gut intact disrupts (ie: manipulates, interacts with, alters, stimulates or suppresses, selects) the gut biome. I'm not pushing back on you except to say that as a mechanistic axiomatic claim of harm, it's missing most of the evidence. You could be right, but you could also be wrong; what you've said so far can't possibly be dispositive.
The mechanism of action of glyphosate inhibits several important amino acid production processes in the gut. I'm simplifying here, but not having glyphosate in the food supply would be a good thing for the gut, and the science agrees on this.
Glyphosate for field prep also doesn't really come through in food, it's much worse with the pre-harvest desiccation.
You are inferring from our crude understanding of processes in general. Evidence is more specific.
Do you have an exclusion trial comparing glyphosate vs non-glyphosate diets? This is amenable to natural experiments where one country bans it on a specific date and the neighbor does not.
AFAIK the preponderance of the evidence is that most "gluten sensitivity" is actually just a FODMAP sensitivity, which also interacts with the gut biome.
It sounds like this would actually be good to decide now if the court were truly a "conservative" court - there is no legitimate reason for preemption to apply to labeling laws (even as broken as California's labeling law is), as labeling a product a certain way is not a mutually-exclusive action. But I expect the rank hypocrisy will win out, especially with the "culture war" backdrop of California delenda est.
So what do you think?
I think that this will be material to me in the sense in which it resolves some questions about whether Oak Park, the ultra-blue inner-ring suburb suburb in which I live, can ban gas ranges, which I enjoy cooking on. I guess I think Bayer has the better case here.
In the message board controversy over glyphosate itself, I don't think this case has much to say. The state labeling regime was either preempted or not; that's a technicality of state and federal statutory evaluation. If the labeling regime is enforceable, it doesn't much matter whether it was about IARC classification or midichlorian counts. Strict liability is strict liability.
The substantive part of this case, whether glyphosate is an inherently dangerous or flawed product, was resolved by the trier of fact in favor of Monsanto.
A simpler way to say all of this: "the safety of glyphosate is not before this court".
> There's a weird backstory to public opposition to glyphosate which has very little to do with glyphosate itself (as someone else on this thread pointed out, glyphosate is relatively benign and relatively inert compared other common crop and landscape treatments), but rather with the idea that glyphosate is part of the technology stack of GM crops.
I still don’t understand why people seem to care about genetically modified glyphosate tolerant soybeans and corn, they’re mostly fed to animals anyways.
Crossbreeding plants is genetic modification.
Apart from the health aspect, there is the thing were these GMOs are patented and the business model is one where farmers are not allowed to keep a portion of this years yield to use to seed for next year, but essentially get roped into a subscription model for the crops they plant.
Essentially turning
> You wouldn't download a car
into
> You wouldn't plant your seed for your crop.
Which is obviously absurd.
So while GM has enabled some pretty good things, it also comes with the same sort of intellectual property baggage that plagues many different areas of society, which on the face of it make some sense, but always seem to skew towards concentrating money towards those who already live a comfortable life, squeezing from those who have less to begin with.
I don't think the case law supports this argument that farmers got roped into subscription crops. Farmers use this system because it has value, and is economically superior to the systems that preceded it (or they don't use it).
It's striking how many of these "product safety" cases are decided in the court of public opinion, independent of actual scientific merit. The case of DDT was pretty interesting. More recently, we have microplastics - no one has really shown they're dangerous to humans, but there's enough hand-waving that "everyone knows" they're killing us. And aspartame, etc...
Glyphosate is probably the safest of the things people spray their lawns with. I don't think we should - the worst you get on a typical suburban lawn if you mow but don't spray are dandelions and clover - but it's probably not giving you cancer. As for food... again, there are far worse, more persistent pesticides that escape this kind of scrutiny.
> the worst you get on a typical suburban lawn if you mow but don't spray are dandelions and clover
I also get a lot of morning glory AKA bindweed that kills my grass. But spraying doesn't really help with that anyway, so :shrug:.
Bindweed is evil incarnate in plant form. Wouldn't wish that on anybody.
Worth noting here that the trier of fact in this case mostly agrees with you about this stuff; the issue is that the state statutes in question created strict liability conditions for failure to comply with warning label regimes. The plaintiff brought substantive charges about Roundup to the case, and the jury rejected them.
Gift link: https://www.nytimes.com/2026/04/26/climate/supreme-court-bay...
Still probably the safest herbicide, mainly because the competition (organophosphates, etc.) is so much worse.
From an environmental perspective you are probably right. One of the nice things is that glyphosate, unlike most herbicides, is broken down quickly by soil bacteria.
The longer term issue is evolved weed resistance due to its over use with "Roundup Ready" crops and for end of the season dry down.
I think the fears about glyphosate resistance owes too much to antibiotic resistance, but I am not really sure it makes sense.
I suppose there's some regimen where you carefully monitor every plant sprayed with a weedkiller is monitored for survival and killed with fire if it survives, or some other extreme measure to be sure there are no survivors to develop resistance, but realistically the weeds are going to develop resistances over time.
And ... so what? The value of a weedkiller like glyphosate is using it to kill a lot of weeds in wide-scale agriculture. If the weeds develop a resistance to it, and we stop using it because it's no longer effective, we're not really in a worse position than if we never used it at all. It's not like there are some really bad weeds we need to save it to be able to combat.
What point are you trying to illuminate with this comment?
A 22 caliber is safer than a 40 caliber. But, I still wouldn’t a hole made in me from either.
That people would be on the whole less healthy had glyphosate not been on the market, because other herbicides, all of which were and are in common use, are worse.
It's not a complicated argument.
The alternative is mass starvation.
No, mass starvation would not ensue from having to fight weeds using mechanical means. It would take more work and more fuel, but it is eminently doable if the need is there. Especially if the change would be gradual.
Making do without artificial fertilizer would be a lot harder.
Increased fuel means a lot more CO2. That is a very significant factor you cannot ignore.
Perhaps if herbicides weren't viable, more work would've gone into developing the mechanical alternatives and we'd have had solar-powered machines removing weeds from fields.
Increased work and fuel means increased costs, increased costs means increased prices, increased prices means less food available for purchase by those on the margins, less food means starvation.
So anything that effects food prices, regardless of magnitude, causes mass starvation?
I don't think that is the only alternative. If the end goal is to preserve life for humans, completely nuking the soil into a wasteland, treating it with carcinogens and then allowing a company to genetically modify seeds and copyright them is a pretty bad and short sighted strategy.
Allowing a known carcinogen to make crops "easier to harvest" has to do with profit margin not food supply. People literally use this to kill dandelions in their yards. I have known many people who have died from cancer. I have eaten dandelions, while bitter, are actually healthy. A good start would be to work with nature instead of trying to out engineer it.
If roundup is your alternative to starvation you're probably just delaying the inevitable.
> If roundup is your alternative to starvation you're probably just delaying the inevitable.
Yes. That is literally exactly what we're doing. You can't sustain the current human population without fertilizers and pesticides made from fossil fuels. Half the people on the planet would die.
If we don't want half the planet to die, we need pesticides. So do you choose a pesticide that's more harmful, or less? If you said "less", then you want glyphosate.
[delayed]
You both have premises that are too far apart to debate productively; what you're really debating is naturalism vs. technology, scale vs. degrowth, humanism vs. environmentalism. All worthwhile philosophical debates, but you won't get anywhere sniping at each other about them.
Goats > glyphosate
They definitely taste better.