Alfalfa is the fourth largest crop grown in the United States and Monsanto wants to control it. On April 27, the Supreme Court heard arguments in a case that could well write the future of alfalfa production in our country.

Fortunately, for those who are concerned about the potential environmental and health impacts of genetically engineered (GE) crops, Supreme Court nominee Elena Kagan is not yet residing on the bench.

For the past four years, the Center for Food Safety (CFS), a Washington DC-based consumer protection group, and others have litigated against Monsanto and the United States Department of Agriculture (USDA) regarding the company’s Roundup Ready alfalfa. The coalition has focused their fight against Monsanto’s GE alfalfa, based on concerns that the plants could negatively impact biodiversity as well as other non-GE food crops.

In 2007, a California US District Court ruled in a landmark case that the USDA had illegally approved Monsanto’s GE alfalfa without carrying out a proper and full Environmental Impact Statement. The plaintiffs argued that GE alfalfa could contaminate nearby crops with its genetically manipulated pollen. Geertson Seed Farm, with the help of CFS, claimed that the farm’s non-GE crops could be damaged beyond repair by Monsanto’s Roundup Ready alfalfa.

Monsanto’s well-paid legal team appealed the court’s decision, but, in June 2009, the Ninth Circuit Court of Appeals upheld the previous ruling and placed a nationwide ban on Monsanto’s Roundup Ready alfalfa.

“USDA should start over and truly evaluate the contamination of non-GM alfalfa and the potential affects on seed growers, organic and natural meat producers, dairy producers, and conventional and organic honey producers,” said farmer and anti-GE advocate Todd Leake shortly after the ruling.

Monsanto, however, didn’t back down and appealed the Ninth Circuit’s decision to the US Supreme Court. In stepped Elena Kagan, whose role as solicitor general is to look out for the welfare of American citizens in all matters that come before the high court.

Unfortunately, Kagan opted to ditch her duty and instead side with Monsanto. In March 2010, a month before the Supreme Court heard arguments in the case, the solicitor general’s office released a legal brief despite the fact that the US government was not a defendant in the case. Monsanto appealed the lower court’s decision so the USDA was not party to the suit. The Solicitor General’s office produced an amicus brief during the petitioning stage of the appeal at the behest of the Supreme Court.