The Ben Shapiro Show

Podbit · The Ben Shapiro Show

Ep. 2456 - LIVE: Ben Breaks Down SCOTUS on Birthright Citizenship

Explore episode Jun 30, 2026

Where this was said

Monsanto v. Durnell: The Roundup Ruling and Federal Preemption

At 58:00 · chapter starts 54:10

This section tackles one of the more technically complex cases of the term. Shapiro opens with extensive background on Roundup's contested safety record: the EPA's 1974 approval, the 2015 IARC 'possibly carcinogenic' classification, more than 100,000 lawsuits citing non-Hodgkin's lymphoma, a 2017 email scandal suggesting Monsanto influenced a key scientific paper, and the EPA's 2020 reversal of its own findings. He notes his wife's personal concern about Roundup, especially since they live near a golf course. The legal question is then distilled: can a state court require a cancer warning on Roundup's label when the EPA-mandated label carries no such warning? Kavanaugh's 7-2 majority says no — federal law expressly preempts state labeling requirements, and forcing every product to carry state-mandated warnings on top of federal ones would destroy entire industries. The unusual dissent, written by Ketanji Brown Jackson and joined by Gorsuch, argues preemption doesn't apply and that Monsanto should simply stop selling Roundup. Shapiro finds the majority's legal reasoning sound but urges those concerned about glyphosate to direct their anger at the EPA, which controls the label.

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