Roundup at The Supreme Court

Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s Roundup v. Monsanto decision, arguing that the case was widely miscast as a simple fight between big business...

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Charles C. W. Cooke and Richard Epstein break down the Supreme Court’s Roundup v. Monsanto decision, arguing that the case was widely miscast as a simple fight between big business and cancer victims. Epstein explains why the real issue was federal preemption under FIFRA, the limits of state-law warning-label lawsuits, and the danger of letting juries override regulatory judgments on complex scientific questions. Along the way, he surveys the evolution of product liability law, the risks of over-litigation, and why different products—from pesticides to vaccines—may require very different legal treatment.

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