Conflict of Interest: Ex Monsanto Lawyer Clarence Thomas to Hear Major Monsanto Case
source: http://www.celcias.com/article/ex-monsanto-lawyer-clarence-thomas-hear-major-mons/
-
-
- JanforGore
- added this
http://www.celcias.com/article/ex-monsanto-lawyer-clarence-thomas-hea...
In Monsanto v. Geertson Seed Farms, No. 09-475, the U.S. Supreme Court will hear arguments in a case which could have an enormous effect on the future of the American food industry. This is Monsanto's third appeal of the case, and if they win a favorable ruling from the high court, a deregulated Monsanto may find itself in position to corner the markets of numerous U.S. crops, and to litigate conventional farmers into oblivion.Here's where it gets a bit dicier. Two Supreme Court justices have what appear to be direct conflicts of interest.
Stephen Breyer
Charles Breyer, the judge who ruled in the original decision of 2007 which is being appealed, is Stephen Breyer's brother, who apparently views this as a conflict of interest and has recused himself.
Clarence Thomas
From the years 1976 - 1979, Thomas worked as an attorney for Monsanto. Thomas apparently does not see this as a conflict of interest and has not recused himself.
Fox, meet henhouse.
--------------------------------------------------------------------------------
The lawsuit was filed by plantiffs which include the Center for Food Safety, the National Family Farm Coalition, Sierra Club, Dakota Resources Council and other farm, environmental and consumer groups and individual farmers. The original decision :
The federal district court in California issued its opinion on the deregulation of “Roundup Ready” alfalfa pursuant to the Plant Protection Act on February 13, 2007. Upon receiving Monsanto’s petition for deregulation of the alfalfa seed, APHIS conducted an Environmental Assessment and received over 500 comments in opposition to the deregulation. The opposition’s primary concern was the potential of contamination. APHIS, however, made a Finding of No Significant Impact (FONSI) and approved the deregulation petition, thereby allowing the seed to be sold without USDA oversight. Geertson Seed Farms, joined by a number of growers and associations, filed claims under the National Environmental Policy Act (NEPA) as well as the Endangered Species Act and Plant Protection Act. In regards to NEPA, they argued that the agency should have prepared an EIS for the deregulation.
Addressing only the NEPA claims, the court agreed that APHIS should have conducted an EIS because of the significant environmental impact posed by deregulation of the alfalfa seed. A realistic potential for contamination existed, said the court, but the agency had not fully inquired into the extent of this potential. The court also determined that APHIS did not adequately examine the potential effects of Roundup Ready alfalfa on organic farming and the development of glyphosate-resistant weeds and that there were “substantial questions” raised by the deregulation petition that the agency should have addressed in an EIS. Concluding that the question of whether the introduction of the genetically engineered alfalfa and its potential to affect non-genetic alfalfa posed a significant environmental impact necessitated further study, the court found that APHIS’s decision was “arbitrary and capricious” and ordered the agency to prepare an EIS. The court later enjoined the planting of Roundup Ready alfalfa from March 30, 2007, until completion of the EIS and reconsideration of the deregulation petition, except for those farmers who had already purchased the seed. In May of 2007, the court enjoined any future planting of the alfalfa. An order by the court in June, 2007 required disclosure of all Roundup Ready planting sites.
Monsanto filed appeals in 2008 and 2009. In both instances, they were unsuccessful in having the original decision reversed, so they appealed to the Supreme Court, who agreed to hear the case.
Alfalfa is the fourth most widely grown crop in the United States, behind corn, soybeans, and wheat. South Dakota alfalfa farmer Pat Trask, one of the plaintiffs, said Monsanto's biotech alfalfa would ruin his conventional alfalfa seed business because it was certain his 9,000 acres would be contaminated by the biotech genes.
Alfalfa is very easily cross-pollinated by bees and by wind. The plant is also perennial, meaning GMO plants could live on for years.
"The way this spreads so far and wide, it will eliminate the conventional alfalfa industry," said Trask. "Monsanto will own the entire alfalfa industry."
Monsanto has a policy of filing lawsuits or taking other legal actions against farmers who harvest crops that show the presence of the company's patented gene technology. It has sued farmers even when they have tried to keep their own fields free from contamination by biotech plants on neighbouring farms.
The case has implications beyond alfalfa crops. About eight hundred reviewed genetically engineered food applications were submitted to the USDA, yet no environmental impact statements were prepared. Even as this diary is being written, a federal judge in San Francisco is reviewing a similar case involving genetically modified sugar beets. The decision is expected this week and could halt planting and use of the gm sugar beets, which account for half of America's sugar supply.
-
- groups:
- Community, Green, Earth and Science, Sustainable Agriculture
-
- tags:
- Monsanto, Biodiversity, GMOs, transgenic contamination, 9 more
-
- recommended by:
- Vierotchka
-
-
WildeHilde
-
Sure it MAY possible that he has an inside scoop to take them down also, but....that would be too good to be true... and you know what they say about that
- 3 years ago
-
WildeHilde
-
-
Daniel_Biolsi
-
How about acknowledging a fact like biotech seeds didn’t even exist when Thomas worked for Monsanto? How much bias can anyone have after three decades? Try some logical perspective for once.
- 3 years ago
-
Daniel_Biolsi
-
-
mcjk
-
Clarence Thomas wouldn't see the conflict- of judging in a case involving his former employer. The fool can't see the inappropriateness of his wife's involvement with the radical tea party.
- 3 years ago
-
mcjk
-
-
JanforGore
-
Corporations that betray the trust of the public, break laws, pollute our planet, and have no moral compass are what you then support? If so, don't even think your spewing is worth anything in this conversation. I never stated corporations as a whole were a "curse word." Monsanto is hated for a VERY GOOD REASON...THEY KILL PEOPLE, and they are now KILLING THE BIODIVERSITY OF THIS PLANET. And those who support them in that endeavor for their own gain over the good of the whole, especially on the USSC are in abrogation of their duties as justices and as moral beings. So again, if you find that so hard to comprehend I would then question again who is the one who has been indoctrinated.
- 3 years ago
-
JanforGore
-
-
courage
-
every one who disagrees with Obama is a racist so I applied the same logic in this case. What year did Judge Thomas work for monsanto ?When did corporation become a curse word in America?When did we become a communist country filled with class envy and blind hatred for anyone who achieves something outside the public sector.Where did you recieve your indoctrination?
- 3 years ago
-
courage
-
-
kennymotown
-
courage:
That's not the America I remembered, the picture you paint as of late is exactly what we hate. America does best when we are the commons and every person counts and a civil society is what we all want. Unless your looking for trouble because real Americans know how it was and was supposed to be. This for yourself attitude has only come over the last 30 years or so, Americans caring about each neighbor was and everyday occurrence before that time and we will fight for it back.
- 3 years ago
-
kennymotown
-
-
Guyatthebusstation
-
two words; life tenure.
- 3 years ago
-
Guyatthebusstation
-
-
csmonut
-
I don't look for the farmers to win this one. Severe corruption in the US Supreme Court has been proven with a few past, and one of the most recent judgments.
Too bad we can't vote these a** holes off the bench. - 3 years ago
-
csmonut
-
-
PressCore
-
Being a 4.0 law student (grad of the Paralegal Institute, December 2003)
this issue is another dead skunk in the middle of the road stinking to high
heaven. Conflict of Interest is of extreme importance to bona fide lawyers
because they know they can be disbarred for breaching the ethic that
their client have competent and loyal representation. It's so extremely
important that they are explicitly mandated to recuse themselves if there
exists even the vaguest resemblance of conflict of interest. Thomas had
to side with Monsanto during the late 70s. Bingo. That's all it takes to have
a memory of his once having sided with Monsanto. No honest person with
character & integrity gives a rats ass if he's developed convenient memory
loss. The sleeze factor has already been established here. Someone should refresh Thomas memory of the ALA's canons of ethical professional responsibility. He had to have been a citizen of some State once where he
earned his Juris Doctor dergree, and passed the Bar exam & background
investigation. He knows full well if he were still a lawyer in private practice
he could be disbarred from pulling this stunt. It doesn't excuse him from
his ethical professional responsibility now that he's on the Federal payroll.
So unless he has Alzheimers, and has forgotten all his service to Monsanto
and the ALA's code of ethics, again someone should send him a memo.
Unless he constues that to be another high tech lynching. They're a joke. - 3 years ago
-
PressCore
-
-
Elligirl
-
Thanks for keeping an eye on this issue! More people need to know how blatant the corruption is in the ag-chem-bio businesses.
- 3 years ago
-
Elligirl
-
-
fun_size
-
Great... next we should bring gay marriage and Roe vs. Wade in front of this conservative packed court. Maybe after that they can rule that Corporations deserve MORE rights then people.
sarcasm
- 3 years ago
-
fun_size
-
-
kennymotown
-
Recusing himself would be going against what he is paid to do by the big shots that put him and Scalia on the bench in the first place. Both Scalia and Thomas had family members working for the Election Of George W. at the time of Bush v Gore and neither took themselves off the decision process. And somehow I am too believe we have any say in what the hell goes on anymore.
- 3 years ago
-
kennymotown
-
-
RaceBannon
-
thanks for posting this, people need to know more about their so called "organic" food and the industry whos working to make sure we blindly accept their crap.
- 3 years ago
-
RaceBannon
-
-
artemis6
-
Oh , this just keeps getting better . Wait .
- 3 years ago
-
artemis6
-
-
courage
-
this is only a problem because hes Black racists
- 3 years ago
-
courage
-
-
JanforGore
-
courage:
Take you prerecorded message and stick it way up. You don't care about this. This is about him because he is the corrupt POS that won't recuse himself from a case he has a direct link to after allowing these criminals to hijack our food supply. If Breyer hadn't recused himself his name would be in the title as well. I don't give two farts what his skin color is. The fact you even noticed speaks what about you? Tired of the same rhetoric from the same echoes in every thread.
- 3 years ago
-
JanforGore
-
-
Guyatthebusstation
-
JanforGore:
tl;dr
baaaawwwwww something i don't like is about to happen.
- 3 years ago
-
Guyatthebusstation
-
-
jubal
-
4 of the 5 conservative judges on the bench are criminals.
- 3 years ago
-
jubal
-
-
Guyatthebusstation
-
jubal:
please explain.
- 3 years ago
-
Guyatthebusstation
-
-
jubal
-
Lawrence Thomas is one of the worst criminals ever to sit on the bench of the SCOTUS. He is a national embarrassment.
- 3 years ago
-
jubal
-
-
fun_size
-
jubal:
I know this is a terrible thing to say but i hope he dies quickly. Someone who isnt in the pockets of big business needs to take his seat and fast.
- 3 years ago
-
fun_size
-
-
JanforGore
-
Yes, and their recent corrupt decision to allow unfettered corporate access to the halls of Congress and political campaigns only solidifies their obvious bias. So taking that into account even though I try to have hope, I can't see Monsanto losing this. And in that case, our food system is done. They will control three of the four major crops in this country and they are still working on wheat, the fourth. The next step will then be to BOYCOTT them up the a** and for US to become the lobbyists in joining with farmers and working harder to get out the truth about this corrupt collusion and the abrogation of our fundamental freedom to grow the food we want, and to keep pressure on the USDA and the DOJ.
- 3 years ago
-
JanforGore
-
-
carmalite
-
Scallia went Duck Hunting with Cheney and they spent the night drinking and chit chatting in a posh Louisiana camp and Scalia a few days later ruled in favor of Cheney. Duh? All those 5 judges, the red ones, are as corrupt as the day is long. Scalia made duck calls in public when people asked him about the obvious conflict of interest. He laughed at our system of law and at the common people caring about it.
Thomas should recuse himself. He is just as corrupt as Scalia. - 3 years ago
-
carmalite
-
-
itoldyouso
-
what happened with Monsanto's patent on a specific species of pig?
- 3 years ago
-
itoldyouso
-
-
JanforGore
-
itoldyouso:
I think they pulled back from it last I read.
- 3 years ago
-
JanforGore
-
-
JanforGore
-
http://www.cropchoice.com/leadstry562e.html?recid=2135
Genetically Modified JusticeYOUR ability to grow, purchase, and consume food that is safe for human consumption and that is safe for other species and environmental biodiversity rests in the hands of the same person who initially wrote the opinion that gave Monsanto their patents on plants, on life itself. This is a travesty.
- 3 years ago
-
JanforGore
