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Heinrich, Booker Push 'No Immunity for Glyphosate' Bill as Supreme Court Weighs Monsanto Case
Sen. Cory Booker said it "will overturn President Trump's executive order that prioritizes pesticide company profits over public health and ensure that people who have gotten cancer from glyphosate can seek justice."
Apr 29, 2026
On the heels of the US Supreme Court hearing arguments in Monsanto Company v. Durnell, Sens. Martin Heinrich and Cory Booker on Wednesday introduced legislation intended to overturn President Donald Trump's executive order mandating production of the highly contentious weedkiller at the center of that case.
"Since my time serving as a City Council member in Newark, I have seen firsthand the devastating harm caused by toxic chemicals in our communities," Booker (D-NJ) said in a statement. "That is why, this week at a rally in front of the Supreme Court, I stood with cancer survivors, activists, and Make America Healthy Again advocates to protest against providing a liability shield to foreign corporations that are poisoning the American people."
"It is why I filed an amicus brief to the Supreme Court supporting Americans who developed cancer after using a toxic pesticide in a case that will determine whether thousands harmed by glyphosate can have their day in court—and why I am a proud co-sponsor of the No Immunity for Glyphosate Act," he added, "legislation that will overturn President Trump's executive order that prioritizes pesticide company profits over public health and ensure that people who have gotten cancer from glyphosate can seek justice in federal court."
Despite Trump's campaign promise to "Make America Healthy Again," he has frequently served the pesticide industry, including by siding with Bayer—which bought Monsanto in 2018—in the case before the high court, and by signing the February order invoking the Defense Production Act for glyphosate, the active ingredient in Monsanto's Roundup.
Specifically, Trump directed US Secretary of Agriculture Brooke Rollins to ensure "a continued and adequate supply of elemental phosphorus and glyphosate-based herbicides." He also noted that domestic producers are required to comply with his order, and under the federal law he invoked, those doing so have broad legal immunity.
Just before Trump's order, Bayer announced a proposed settlement for the tens of thousands of people who say exposure to Roundup caused their cancer. Still, the company and the US Environmental Protection Agency (EPA) continue to claim glyphosate is safe, despite the World Health Organization's International Agency for Research on Cancer classifying it as probably carcinogenic to humans over a decade ago.
The case before the Supreme Court stems from a lawsuit and a resulting verdict in favor of John Durnell, a Missouri man whose blood cancer is in remission after multiple rounds of chemotherapy. The justices' decision could determine whether many others are able to continue pursuing cases against Bayer. Republicans are also pushing to include a "liability shield" for pesticide manufacturers in the next Farm Bill.
Meanwhile, Booker and Heinrich's (D-NM) bill states that "no federal funds may be obligated or expended to implement, administer, or enforce" Trump's glyphosate order, and "any person, or the estate, survivors, or legal representative of such person, who suffers or has suffered physical injury, illness, disease, or death caused, in whole or in part, by exposure to elemental phosphorus or a glyphosate-based herbicide manufactured, distributed, sold, or supplied within the United States, may bring a civil action in an appropriate district court of the United States against any covered entity."
Heinrich said Wednesday that "juries across the country are looking at the evidence and delivering verdicts: Exposure to glyphosate can cause cancer. The Supreme Court cannot and should not allow these verdicts to be overturned."
"My constituents' health and safety comes first. And I will not stand by while President Trump gives immunity to those who put my constituents' health and safety at risk," he added. "That’s why I’m proud to lead the No Immunity for Glyphosate Act, legislation that will restore accountability, uphold court rulings, and protect the health and well-being of families in New Mexico and across the country."
The bill is also backed by Sens. Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), and Peter Welch (D-Vt.). Reps. Thomas Massie (R-Ky.) and Chellie Pingree (D-Maine) introduced companion legislation in February, just after Trump's order. The lead sponsors in the House of Representatives also are working to strip the immunity shield from the Farm Bill and joined Booker at "The People v. Poison" rally outside the Supreme Court on Monday.
The next day, another House Democrat, Rep. Alexandria Ocasio-Cortez (NY), questioned EPA Administrator Lee Zeldin about the immunity shield in Trump's order, as well as his meeting with Bayer's CEO last year and some related internal emails.
"AOC smoked him in there," Drop Site News reporter Julian Andreone said on social media. "Red-handed."
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The Truth About Roundup Herbicide
For decades Roundup has been sold as an effective herbicide, one that was safe for humans and the environment. It isn't.
Mar 01, 2026
Mark Twain supposedly once said, "Never let the truth get in the way of a good story," but there is a difference between a good story told in fun and a story (supposedly backed by independent scientific research) that people are led to believe because, well, science is supposed to be true. And so we come to the story of Roundup, the herbicide developed by Monsanto that swept the world because it worked and was the “safe” alternative to widely used weedkillers like Dicamba and 2,4-D,—it was said to be safer than table salt!
Roundup was developed in the 1970s as a non-selective herbicide, meaning it would kill almost any growing plant it touched. It was an effective burn-down herbicide farmers could apply prior to planting, and it assured an almost weed-free field at the beginning of the growing season. Roundup could be used in non-agricultural situations as well, to kill weeds and grass growing in sidewalk and patio cracks, around buildings, etc, but care was needed because, as noted, it was non-target and could kill whatever plant it touched.
For farmers, it worked well, except while it did kill growing weeds, buried weed seeds were not harmed, so a weed-free field at planting time did not ensure a weed-free field throughout the growing season. Weeds would continue to sprout, and more herbicide applications would be needed during the growing season.
Then Monsanto developed their big fix released in 1996, genetically engineered (GE) soybeans resistant to Roundup, followed by GE versions of other commodity crops: corn, cotton, sugar beet, and canola. Over-the-top spraying of these GE crops would kill everything but the crop, and Roundup became one of the most widely used herbicides in the world and GE crops came to dominate world commodity crop production.
Companies like Bayer have to protect their product and their profit even if they have to tell a few lies to do so.
While Monsanto sold Roundup with the slogan, “One spray is all you’ll ever need,” in time, it became clear that some weeds were developing resistance to Roundup and farmers were right back where they started, looking for herbicides that worked consistently. More genetic modifications were made to commodity crops making them resistant to other herbicides, like Dicamba and 2,4-D, the herbicides Roundup was supposed to have replaced. These multiple GE or “stacked” crops could be sprayed with a cocktail of herbicides, hopefully ensuring weed-free fields for the entire growing season.
Farmers are using more herbicide, even on the GE crops, and costs for GE seed have risen much faster than non-GE seed. Of course, the motive was never to reduce the farmer’s production costs or agricultural herbicide use but to increase it—that's where the profit is.
For farmers who didn’t jump on the GE bandwagon, finding non-GE seed is often difficult. Even more onerous, some farmers have found it necessary to plant GE seed as a preventative measure because non-GE crops can be damaged by chemical drift from neighboring GE fields.
So much for effectiveness, what about the safety of Roundup? In 2000 a study was published in the journal Regulatory Toxicology and Pharmacology that deemed the active ingredient in Roundup (glyphosate) was safe and not a human health risk. Since then, that study has been cited consistently as proof of Roundup’s safety. Numerous other studies have shown that glyphosate could cause cancer and that the inert ingredients that are part of the patented Roundup formulation increase the toxicity of glyphosate. Further, the practice of using Roundup as a desiccant on small grain crops (oats, wheat, and barley) prior to harvest puts Roundup directly on grain that enters the human food chain.
Since acquiring Monsanto in 2018, Bayer has paid out about $11 billion to settle almost 100,000 cancer-related lawsuits with approximately 61,000 still pending. In December of 2025 another blow to the claimed safety of Roundup came when the Regulatory Toxicology and Pharmacology journal withdrew the 2000 article that had touted Roundup’s safety. While the study claimed to be independent and peer reviewed, it has come to light that Monsanto's scientists played a significant role in conceiving and writing the article. Oops.
For decades Roundup has been sold as an effective herbicide, one that was safe for humans and the environment, and without which “consequences would be dire.” Companies like Bayer have to protect their product and their profit even if they have to tell a few lies to do so. They claim to produce safe products that help farmers thrive—real independent research refutes that. Bayer and the agribusiness industry may be thriving, but farmers are not and in these times, too few people seem to care that lies are accepted as truth.
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After Promising to 'Make America Healthy Again,' Trump Mandates Production of Cancer-Causing Glyphosate
"President Trump just gave Bayer a license to poison people," said one public health advocate. "Full stop.”
Feb 19, 2026
Less than a decade ago, US Health and Human Services Secretary Robert F. Kennedy Jr. helped win a landmark $289 million verdict against Monsanto, which was found to have distributed a weedkiller containing the carcinogenic chemical glyphosate.
But on Wednesday the nation's top health official could only shrug after President Donald Trump issued an executive order mandating the production of the chemical, which was found in 2015 to be “probably carcinogenic to humans” by the International Agency for Research on Cancer at the World Health Organization.
Trump invoked the Defense Production Act, which has historically been used to spur production of supplies needed for national security, to guarantee the supply of herbicides containing glyphosate, claiming a lack of such weedkillers would "critically jeopardize agricultural productivity, adding pressure to the domestic food system."
Kennedy, who like Trump promised on the campaign trail to confront dangerous pesticides and chemicals, said in a statement that the executive order "puts America first where it matters most—our defense readiness and our food supply." He also hinted during his confirmation hearing last year that the administration would treat glyphosate as a critical supply for farmers.
Ken Cook, president and co-founder of the Environmental Working Group, which supported some aspects of Kennedy's "Make America Healthy Again" agenda, said he couldn't "envision a bigger middle finger to every MAHA mom than this."
“If anyone still wondered whether ‘Make America Healthy Again’ was a genuine commitment to protecting public health or a scam concocted by President Trump and RFK Jr. to rally health-conscious voters in 2024, today’s decision answers that question,” said Cook. “It’s a shocking betrayal to all of us but especially the people who live and work near farm fields where glyphosate is used."
In addition to being linked to cancer, glyphosate has also been found to cause reproductive harms in some studies.
Zen Honeycutt, founder of the pro-MAHA group Moms Across America, said she was "disgusted" by the executive order.
The use of the Defense Production Act could provide Bayer, the pharmaceutical company that acquired herbicide maker Monsanto in 2018, with legal immunity if it is challenged in court again in public health lawsuits.
The executive order is "clearly designed to offer a broad immunity,” Brett Hartl, director of government affairs for the Center for Biological Diversity, told the New York Times.
The order comes months after a major study that had determined glyphosate was safe for humans was retracted by Regulatory Toxicology and Pharmacology, the scientific journal that had published it. It was found that scientists at Monsanto had participated in gathering data for, writing, and reviewing the paper, and that other authors had received compensation from the company for their work. The journal cited “serious ethical concerns regarding the independence and accountability of the authors" when it retracted the article.
The executive order was also announced a year after Bayer donated $1 million to Trump's inaugural committee.
During Trump's first term in 2017, two years after the WHO cancer agency determined glyphosate was likely carcinogenic, the US Environmental Protection Agency issued a finding that the chemical—which is used widely on soybeans, corn, and wheat and in home gardens—was safe.
This week, Bayer announced it had reached a deal to pay $7.25 billion to settle tens of thousands of health lawsuits regarding Roundup, the product that includes glyphosate as its active ingredient. The company continues to claim the herbicide is safe.
“By granting immunity to the makers of the nation's most widely used pesticide, President Trump just gave Bayer a license to poison people," said Cook. "Full stop.”
This article has been updated to note that International Agency for Research on Cancer, a committee of the World Health Organization, found glyphosate to likely be carcinogenic to humans in 2015.
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