My oral argument write-up for Monsanto is now up at the ABA Journal:
The Supreme Court today was slated to consider in Monsanto Co. v. Geertson Seed Farms how nigh the organic alfalfa apocalypse must be to justify a federal district court’s nationwide injunction against the use of an agricultural giant’s genetically modified alfalfa seed.
But the Court this morning proved as resistant to the parties’ arguments as Monsanto’s alfalfa is to Roundup weed-killer. Instead of assessing, as expected, what degree of likelihood of environmental harm must be considered in order for a court to issue an injunction under the National Environmental Protection Act (NEPA), the justices spent the hour snarling at this case as if it were an unwanted weed growing in the Marble Temple.
Read the rest here.
I’m off to the Court now to be not first for tomorrow morning’s argument in Doe v. Reed—the final argument of the Court’s term and Justice Stevens’s career. Keep your eye on my twitter feed, where I’ll be updating on the line’s progress through the night.
Dear Monsanto v. Geertson Farms,
I knew you were bad news.
First you require me to do a campout despite your mid-major status. Then, for all that waiting, you compel me to write up your oral argument despite its otherwise opaque, technical nature. Now, as I am writing, you destroy my chances at going out on top this term:
The fact that I’m told “the guy in the picture likes what you’re doing so much he will relinquish the #1 ticket to you,” doesn’t soothe the pain you’ve caused me. #1 deserves to be #1, even if I’d be out there already if it weren’t for you.
I curse you, Monsanto. I curse you.
Back home for a quick dose of warm. A few thoughts on the Monsanto Company v. Geertson Seed Farms line:
- Monsanto is this term’s lone environmental law case. Last term, environmentalists went 0-5 at the Court. This one’s looking like a loss for them as well. The only question, really, is how badly they will lose. The environmentally-friendly Justice Stevens, in his penultimate oral argument of his career, will likely be at least one vote in dissent.
- Monsanto‘s a mid-major case with a blockbuster line start time. If it weren’t for a handful of my GULC peers, I wouldn’t have had to get to the Court at 9:30 last night and suffer through an hourlong rainstorm to reclaim my throne after last week’s FAIL@1F. But then again, I haven’t yet been subject to any elements other than the cold since starting this project, so rain on a warm-ish April night is better than on a frigid January morning.
- The first non-GULCers showed up around 4:30am. Must’ve been nice…
- Nearly all law students in line, so no Vox Populi column for this case.
- BUT keep an eye out towards the end of the week at WhoRunsGov.com for a video Vox Pop by journalist Beth Marlowe.
Shower, shave, suit, Court.