The Megyn Kelly Show - Chemicals and Cancer Case at SCOTUS, WHCD Suspect In Court, Royal Visit to the U.S.： AM Update 4⧸28

00:00:00.000 Good morning, everyone. I'm Megan Kelly. It's Tuesday, April 28th, 2026. And this is your

00:00:07.880 AM update. It might have been good if they had an opportunity to do something to call

00:00:12.720 this danger to the attention of the people. The Supreme Court hearing a high stakes case

00:00:18.760 over Roundup weed killer and whether companies can be held liable for not warning about potential

00:00:24.840 cancer risks. There has been a fundamental shift in the policies that have been coming out of the

00:00:32.480 Trump administration in regards to pesticides. And outside the court, Maha protesters taking

00:00:38.200 aim at the Trump administration, accusing it of protecting chemical companies over consumers.

00:00:44.240 The man accused of trying to assassinate President Trump at the White House

00:00:47.280 correspondence dinner appearing in federal court. And King Charles and Queen Camilla arriving in

00:00:52.880 the U.S. for a four-day state visit with a packed schedule and one notable absence. All that and

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00:02:05.680 The U.S. Supreme Court yesterday hearing arguments in a case that could determine the future of

00:02:10.500 thousands of plaintiffs suing the pharmaceutical company Bayer, claiming its popular weed killer

00:02:16.660 Roundup causes cancer. Roundup invented by agrochemical company Monsanto. Bayer acquiring

00:02:23.700 Monsanto in 2018. At the center of the dispute, whether companies can be sued under state law

00:02:29.600 for failing to warn about cancer risks when federal regulators have already approved the

00:02:35.320 products label. The EPA first reviewing Roundup's active ingredient, glyphosate, in 1974, repeatedly

00:02:42.760 deeming it safe in federal reviews. The agency also consistently signing off on labels that do

00:02:49.400 not include a cancer warning. But in 2015, the World Health Organization's cancer research arm

00:02:55.700 classifying glyphosate as, quote, probably carcinogenic, citing evidence in animals and

00:03:01.680 limited data in humans. That finding, helping to fuel a wave of lawsuits from users diagnosed with

00:03:08.320 non-Hodgkin lymphoma, claiming Monsanto, later Bayer, failed to warn of potential risks.

00:03:15.640 The EPA still maintaining that glyphosate does not pose a cancer risk in humans. Amid the high

00:03:21.660 volume of lawsuits, Bayer in 2023 discontinuing glyphosate from its residential Roundup products.

00:03:28.720 Missouri man John Durnell suing Monsanto, now Bayer, at the state level in 2019

00:03:33.940 after developing non-Hodgkin lymphoma, alleging the company failed to warn about cancer risks.

00:03:41.160 Durnell working in his community as a spray guy for 20 years,

00:03:45.100 treating weeds with Roundup at local parks with no protective equipment.

00:03:48.980 Bayer arguing lawsuits like Durnell's are barred under a federal law

00:03:53.260 which prohibits states from imposing labeling requirements that are

00:03:57.700 different from, or in addition to, federal standards, noting the EPA never required a

00:04:03.960 cancer warning on Roundup. But a jury siding with Durnell on the failure to warn claim,

00:04:09.840 awarding $1.25 million in damages, and in 2025, the Missouri Appeals Court upholding the verdict.

00:04:17.100 Bayer then appealing to the Supreme Court. The justices appearing divided yesterday during

00:04:22.320 oral arguments, which ran just over one hour. Attorney Paul Clement arguing for Bayer that

00:04:28.280 lawsuits like Durnell's should not be allowed because companies cannot be held liable for

00:04:32.960 failing to add warnings they weren't allowed to include under federal law. The EPA regulation

00:04:39.060 and the government's brief here makes crystal clear that a registrant cannot change the safety

00:04:44.940 warnings on a pesticide label without approval of the agency. Thus, Missouri law here requires

00:04:52.440 something that not only is not required by federal law, but that federal law doesn't even allow.

00:04:59.240 Either way you come to it, either via express preemption or impossibility preemption, the result

00:05:05.580 here is clear. Congress plainly wanted uniformity when it came to the safety warnings on a pesticide

00:05:12.460 label. Ignoring Congress's clear direction here would open the door for crippling liability

00:05:17.780 and undermine the interest of farmers who depend on federally registered pesticides for their

00:05:23.040 livelihood. The Trump administration joining with Bayer in this case. President Trump in February

00:05:28.540 signing an executive order declaring glyphosate a critical element in, quote, maintaining America's

00:05:34.820 agricultural advantage. Maha Moms dubbing this a betrayal. More on that in a minute. DOJ lawyer 0.89

00:05:42.060 Sarah Harris, arguing for the administration, warning that allowing state lawsuits would create

00:05:47.460 conflicting rules across the country, with different states imposing different warnings

00:05:51.980 on the same product. Chief Justice John Roberts questioning the implications of that,

00:05:57.320 asking whether states would be blocked from warning the public about a product

00:06:01.140 if new risks come to light. Throughout that long process, in response to information that suggests

00:06:09.140 There is a risk that's not on the label.

00:06:12.160 The states cannot do anything.

00:06:14.340 If you had 50 different states that are just, like, jumping the gun,

00:06:17.500 Iowa says maybe this causes cancer, California says absolutely causes cancer,

00:06:22.300 some other state says this doesn't cause cancer at all, so put that on your label too,

00:06:26.420 it completely undermines the uniformity of the labeling.

00:06:29.180 If it turns out that they were right, it might have been good if they had an opportunity to do something

00:06:34.140 to call this danger to the attention of the people while the federal government was going

00:06:40.080 through its process. Conservative Justice Brett Kavanaugh and Liberal Justice Elena Kagan

00:06:45.820 seeming to favor the government's argument, both raising concerns about a potential patchwork of

00:06:51.720 conflicting rules with different warning label requirements from state to state. Here, Justice

00:06:57.020 Kagan questioning attorney Ashley Keller, who represents Durnell. Mr. Keller, you have a

00:07:02.240 preemption provision that's clearly designed to achieve uniformity in labeling, and what uniformity

00:07:08.420 would your regime achieve? Uniformity in law. So I believe that the express preemption clause is

00:07:14.580 requiring uniformity in law. The law of Missouri and the law of the United States have to be the

00:07:19.380 same. They can't be in addition to or different from each other, so it is truly requiring parallel

00:07:24.880 law. It does not require fact finders to find the facts the same way. So the law of the United States

00:07:31.500 and the law of Missouri could be the same. One jury could say, Monsanto didn't do it. There's

00:07:35.780 nothing wrong with this pesticide. Glyphosate is totally safe. There's no breach of duty.

00:07:40.760 That's not a preemption question. That's a question of breach of duty. And a different

00:07:44.660 jury could come out the way Mr. Dronell's jury did. A decision on this case expected by late June.

00:07:52.260 As oral arguments played out inside the high court yesterday, a coalition of

00:07:56.960 Make America Healthy Again, or Maha advocates, rallying outside, expressing deep frustrations

00:08:03.460 with the Trump administration's embrace of glyphosate.

00:08:06.900 People over poison! People over poison! People over poison!

00:08:12.880 The event dubbed The People vs. Poison, focusing not just on the case before the court,

00:08:18.540 but on what organizers describe as a broader effort by Bayer to limit legal and regulatory

00:08:24.060 challenges to glyphosate through courts, Congress, and state houses across the country.

00:08:29.440 Among the speakers, Maha activist Vani Hari, known as the Food Babe, who helped organize

00:08:35.160 the rally.

00:08:36.160 She sat right by your humble correspondent at the confirmation hearing for RFKJ.

00:08:41.080 Hari telling us that frustration with the direction of the Trump administration was

00:08:45.060 a driving force behind yesterday's rally.

00:08:47.120 The reason I wanted to organize the People vs. Poison rally is because there has been a fundamental shift in the policies that have been coming out of the Trump administration in regards to pesticides.

00:09:04.960 And they are in direct contradiction to the Make America Healthy Again movement.

00:09:11.840 For example, they want us to eat real food, but at the same time, they want to protect

00:09:19.840 Bayer Monsanto from lawsuits that they are experiencing across the country and give them

00:09:29.140 corporate immunity. When President Trump signed the executive order to make glyphosate a national

00:09:35.840 defense priority, it really frustrated us. And we became very alarmed at the fact that

00:09:44.100 this administration is captured by this company. And we thought we were going to end corporate

00:09:49.920 capture. The Trump administration framing glyphosate as essential to national security,

00:09:55.300 warning that disruptions to its supply and that of a related chemical could cripple U.S.

00:10:00.500 agricultural production and hamper our ability to produce certain battlefield tools needed for

00:10:06.420 our defense. Hari accuses Bayer of mounting a multi-pronged effort to influence policy

00:10:12.040 in a way she says will harm the American people. They've infiltrated every branch of government,

00:10:18.240 the White House with the executive order and the Department of Justice with the amicus brief.

00:10:26.320 Somebody from the Department of Justice today was arguing on Monsanto's behalf inside the Supreme Court. The farm bill in Congress has been infiltrated by this language, pesticide liability shield language that would give immunity to people and corporations that sell pesticides.

00:10:47.600 And then also at the state level, there's 21 different states right now being organized under this organization called Modern Ag Alliance that is being funded by Bayer to make it look like farmers want this.

00:11:04.720 But it's truly these chemical corporations.

00:11:07.580 Hari warning the Trump administration's embrace of glyphosate could become a major political liability as midterms approach.

00:11:14.280 People keep asking me, you know, Bonnie, what's going to happen at the midterms? And what's going to happen with people voting for this administration? And I keep saying that this administration has made glyphosate an election issue for 2026, because this court case is going to be decided sometime in end of June.

00:11:36.540 And then the glyphosate review is going to happen in October. And we are looking for the Trump administration and the people in Congress to side with the American farmer, the American people, American families versus corporations.

00:11:55.700 The American people deserve to have consistent policies coming out of our government.

00:12:02.280 They cannot tell us to eat real food and then protect the company's spraying poison on it.

00:12:09.480 And that's what's weird to us and what's inconsistent.

00:12:14.540 It makes us disillusioned about politics.

00:12:18.960 Coming up, the White House Correspondents' Dinner attempted assassin making his first appearance in court.

00:12:24.860 And King Charles and Queen Camilla arrive in the U.S. for a four-day state visit, beginning with a trip to the White House.

00:12:38.880 Our sponsor, the Electronic Payments Coalition, says Washington politicians are always getting in your wallet, and now they're messing with your credit card.

00:12:46.700 They say your credit card and the security it offers are under attack and that Senators Dick Durbin and Roger Marshall want to change the nation's payment system to benefit corporate megastores like Walmart and Target at the expense of you, the everyday American consumer.

00:13:03.460 Credit cards can keep your payments secure.

00:13:06.140 They can provide rewards that families help use to make everyday purchases much more affordable.

00:13:12.140 And the Electronic Payments Coalition says that this Durbin Marshall thing, that it mandates letting corporate megastores cut corners on credit card processing and routing transactions over cheaper, untested networks with weaker security and fewer protections for you.

00:13:28.800 Find out more about it at GuardYourCard.com and consider telling Congress to guard your card.

00:13:34.020 31-year-old Cole Thomas Allen, the alleged gunman at Saturday's White House Correspondents

00:13:41.160 Dinner in Washington, D.C., making his first appearance in federal court yesterday afternoon.

00:13:46.820 Allen, who allegedly booked a room at the Washington Hilton expecting that President

00:13:50.660 Trump and other cabinet officials would be in attendance, captured on security camera

00:13:55.440 charging a security checkpoint. Allen only making it about 60 feet past the checkpoint.

00:14:01.640 Law enforcement quickly subduing Allen before he could make it down a stairwell into the ballroom

00:14:05.980 where President Trump and cabinet members were located. The arrest affidavit indicating Allen

00:14:11.360 sustaining only minor injuries during the incident. Acting Attorney General Todd Blanche

00:14:16.060 at a press conference yesterday announcing the charges and their penalties. Today,

00:14:20.780 the Department of Justice filed three federal charges in United States District Court against

00:14:26.300 Cole Thomas Allen. The first count is attempted assassination of the President of the United

00:14:31.820 States. This count is punishable by up to life in prison. The second count is interstate

00:14:37.500 transportation of a firearm to commit a felony. This is punishable by up to 10 years in prison.

00:14:43.560 And the third count is discharge of a firearm during a crime of violence, which is punishable

00:14:48.900 by a mandatory minimum term of imprisonment of 10 years, a maximum of life, and the 10 years

00:14:54.880 is consecutive to any other sentence imposed. According to the affidavit, Allen traveling

00:15:01.360 from Los Angeles to D.C. by train and found in possession of a 12-gauge pump-action shotgun

00:15:07.720 and a .38 semi-automatic pistol at the time of his arrest. U.S. Attorney for the District of

00:15:13.640 Columbia Janine Pirro with more details on the case. We will prove when he purchased these guns,

00:15:19.840 They were purchased in California. Why is that relevant? It is relevant because he crossed interstate lines with those firearms. And those are the firearms that he used on the night of the 25th or attempted to use at the very least.

00:15:36.700 Now, the manifesto also makes clear about his expected rules of engagement.

00:15:43.340 You know, you can look at it and read it, and it may seem kind of la, la, la.

00:15:47.160 But at the end, make no mistake, he says, I am targeting the administration officials.

00:15:54.300 They are my targets, and I'm prioritizing from the top down the highest ranking from the lowest.

00:16:00.460 and I will not hesitate to get involved in any kind of encounter with anyone who blocks me from

00:16:08.100 the president. Pirro adding that additional charges will likely be brought as the investigation

00:16:13.060 continues. Allen not entering a plea yesterday. His next hearing set for Thursday. Until then,

00:16:19.120 he remains in custody. King Charles and Queen Camilla arriving in the U.S. yesterday for a

00:16:25.640 four-day state visit, the first official trip since Charles became king in 2022, following the

00:16:32.100 death of his mother, Queen Elizabeth II. The visit landing in a symbolic year, 250 years after

00:16:38.660 America's founding, which came during the reign of Charles' great-great-great-great-grandfather,

00:16:44.020 King George III, whom our forefathers really didn't much care for, but no hard feelings,

00:16:49.860 Charles. The royals beginning their stay in Washington, welcomed at the White House yesterday

00:16:54.320 afternoon by President Trump and the First Lady, a brief greeting for the cameras before heading

00:16:58.960 inside for a private tea. The first couple then escorting the king and queen on a tour of the

00:17:04.540 new White House-shaped beehive on the South Lawn. The trip moving forward despite new security

00:17:10.580 concerns after Saturday's shooting outside the White House Correspondents' Dinner, with officials

00:17:15.140 on both sides of the Atlantic deciding to proceed as planned. Today, a formal military welcome at

00:17:20.960 the White House, including a large-scale troop review featuring hundreds of service members from

00:17:26.020 all six branches of the military. The president and King Charles also expected to sit for a

00:17:31.580 bilateral meeting in the Oval Office. Later, the king will address Congress, only the second

00:17:37.100 British monarch to do so more than three decades after his mom, Queen Elizabeth II, spoke to

00:17:42.460 lawmakers, and tonight a state dinner at the White House, capping the Washington portion of the trip.

00:17:48.740 From there, the royals moving to New York,

00:17:50.400 where they are expected to honor victims

00:17:51.880 of the September 11th attacks.

00:17:54.340 Charles and Camilla then heading to Virginia,

00:17:56.440 followed by a stop in Bermuda.

00:17:58.800 And one notable absence,

00:18:00.520 the king is not expected to see his son, Prince Harry,

00:18:03.320 or his non-princess wife, Meghan Markle, during the trip,

00:18:06.460 despite Harry living in America.

00:18:08.760 The relationship still strained,

00:18:10.360 with only brief, limited contact

00:18:12.320 between the two in recent years.

00:18:14.240 If only we could avoid the Sussexes so easily.

00:18:17.420 Sure, come over here and then go back to England

00:18:20.420 and leave us with the Duke and Duchess of Duplicity.

00:18:24.320 Enjoy your tea.

00:18:26.880 And that'll do it for your AM update.

00:18:28.900 I'm Megan Kelly.

00:18:29.860 Join me back here for the MK Show,

00:18:31.520 live on SiriusXM's The Megan Kelly Channel,

00:18:33.780 111 at noon east,

00:18:35.280 on youtube.com slash megankelly

00:18:36.980 and on all podcast platforms.

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The Megyn Kelly Show - April 28, 2026

Chemicals and Cancer Case at SCOTUS, WHCD Suspect In Court, Royal Visit to the U.S.： AM Update 4⧸28

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