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

0:00The wrongs we must right. The fights we must win. The future we must secure together for our nation. This is what's in front of us. This determines what's next for all of us. We are Marines. We were made for this.

0:32Good morning, everyone. I'm Megan Kelly. It's Tuesday, April 28th, 2026, and this is your AM Update. It might have been good if they had an opportunity to do something to call this danger to the attention of the people. The Supreme Court hearing a high-stakes case over Roundup weed killer and whether companies can be held liable for not warning about potential cancer risks. There has been a fundamental shift in the policies that have been coming out of the Trump administration in regards to pesticides. And outside the court, Maha protesters taking aim at the Trump administration, accusing it of protecting chemical companies over consumers.

1:14The man accused of trying to assassinate President Trump at the White House Correspondents Dinner appearing in federal court. And King Charles and Queen Camilla arriving in the U.S. for a four-day state visit with a packed schedule and one notable absence. All that and more coming up in just a moment on your AM update.

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2:09But listen, Lean is not for the casual dieter with only a few pounds to lose. The doctors at Brickhouse Nutrition created lean for frustrated dieters with 10 or more pounds to lose. You could get started with 20 % off and free rush shipping, adding lean to your healthy diet and exercise plan. Visit takelean.com and enter MK to get your discount. That's promo code MK at takelean.com. The U.S. Supreme Court yesterday hearing arguments in a case that could determine the future of thousands of plaintiffs suing the pharmaceutical company Bayer, claiming its popular weed killer Roundup causes cancer.

2:48Roundup invented by agrochemical company Monsanto. Bayer acquiring Monsanto in 2018. At the center of the dispute, whether companies can be sued under state law for failing to warn about cancer risks when federal regulators have already approved the product's label. The EPA first reviewing Roundup's active ingredient, glyphosate, in 1974, repeatedly deeming it safe in federal reviews. The agency also consistently signing off on labels that do not include a cancer warning. But in 2015, the World Health Organization's cancer research arm classifying glyphosate as, quote, probably carcinogenic, citing evidence in animals and limited data in humans.

3:33That finding, helping to fuel a wave of lawsuits from users diagnosed with non-Hodgkin lymphoma, claiming Monsanto, later Bayer, failed to warn of potential risks. The EPA still maintaining that glyphosate does not pose a cancer risk in humans. Amid the high volume of lawsuits, Bayer in 2023 discontinuing glyphosate from its residential Roundup products. Missouri man John Durnell suing Monsanto, now Bayer, at the state level in 2019 after developing non-Hodgkin lymphoma, alleging the company failed to warn about cancer risks. Durnell working in his community as a spray guy for 20 years, treating weeds with Roundup at local parks with no protective equipment.

4:19Bayer arguing lawsuits like Durnell's are barred under a federal law which prohibits states from imposing labeling requirements that are, different from or in addition to federal standards, noting the EPA never required a cancer warning on Roundup, but a jury siding with Durnell on the failure to warrant claim, awarding$1.25 million in damages, and in 2025, the Missouri Appeals Court upholding the verdict, Bayer then appealing to the Supreme Court. The justices appearing divided yesterday during oral arguments, which ran just over one hour. Attorney Paul Clement, arguing for Bayer, that lawsuits like Durnell's should not be allowed because companies cannot be held liable for failing to add warnings they weren't allowed to include under federal law.

5:07The EPA regulation and the government's brief here makes crystal clear that a registrant cannot change the safety warnings on a pesticide label without approval of the agency. Thus, Missouri law here requires something that not only is not required by federal law, but that federal law doesn't even allow. Either way you come to it, either via express preemption or impossibility preemption, the result here is clear. Congress plainly wanted uniformity when it came to the safety warnings on a pesticides label. Ignoring Congress's clear direction here would open the door for crippling liability and undermine the interest of farmers who depend on federally registered pesticides for their livelihood.

5:53The Trump administration joining with Bayer in this case. President Trump in February signing an executive order declaring glyphosate a critical element in maintaining America's agricultural advantage. Maha Moms dubbing this a betrayal. More on that in a minute. DOJ lawyer Sarah Harris arguing for the administration, warning that allowing state lawsuits would create conflicting rules across the country, with different states imposing different warnings on the same product. Chief Justice John Roberts questioning the implications of that, asking whether states would be blocked from warning the public about a product if new risks come to light.

6:33Throughout that long process, in response to information that suggests there is a risk that's not on the label, the states cannot do anything. If you had 50 different states that are just like jumping the gun, Iowa says maybe this causes cancer. California says absolutely causes cancer. Some other state says this doesn't cause cancer at all, so put that on your label too. It completely undermines the uniformity of the labeling. If it turns out that they were right, it might have been good if they had an opportunity to do something to call this danger to the attention of the people while the federal government was going through its process.

7:12Conservative Justice Brett Kavanaugh and Liberal Justice Elena Kagan seeming to favor the government's argument, both raising concerns about a potential patchwork of conflicting rules with different warning label requirements from state to state. Here, Justice Kagan questioning attorney Ashley Keller, who represents Durnell. Mr. Keller, you have a preemption provision that's clearly designed to achieve uniformity in labeling. And what uniformity would your regime achieve? Uniformity in law. So I believe that the express preemption clause is requiring uniformity in law. The law of Missouri and the law of the United States have to be the same.

7:49They can't be in addition to or different from each other, so it is truly requiring parallel law. It does not require fact-finders to find the facts the same way. So the law of the United States and the law of Missouri could be the same. One jury could say, Monsanto didn't do it. There's nothing wrong with this pesticide. Glyphosate is totally safe. There's no breach of duty. That's not a preemption question. That's a question of breach of duty. and a different jury could come out the way Mr. Durnell's jury did. A decision on this case expected by late June. As oral arguments played out inside the high court yesterday, a coalition of Make America Healthy Again, or Maha, advocates rallying outside, expressing deep frustrations with the Trump administration's embrace of glyphosate.

8:37People over poison! People over poison! People over poison! The event dubbed The People vs. Poison, focusing not just on the case before the court, but on what organizers describe as a broader effort by Bayer to limit legal and regulatory challenges to glyphosate through courts, Congress, and state houses across the country. Among the speakers, Maha activist Vani Hari, known as The Food Babe, who helped organize the rally. She sat right by your humble correspondent at the confirmation hearing for RFKJ. Hari telling us that frustration with the direction of the Trump administration was a driving force behind yesterday's rally.

9:17The 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. And they are in direct contradiction to the Make America Healthy Again movement. For example, they want us to eat real food, but at the same time, they want to protect Bayer Monsanto from lawsuits that they are experiencing across the country and give them corporate immunity. When President Trump signed the executive order to make glyphosate a national defense priority, it really frustrated us. And we became very alarmed at the fact that this administration is captured by this company.

10:17And we thought we were going to end corporate capture. The Trump administration framing glyphosate as essential to national security, warning that disruptions to its supply and that of a related chemical could cripple U.S. agricultural production and hamper our ability to produce certain battlefield tools needed for our defense. Hari accuses Bayer of mounting a multi-pronged effort to influence policy in a way she says will harm the American people. They've infiltrated every branch of government, the White House with the executive order and the Department of Justice with the amicus brief. Somebody from the Department of Justice today was arguing on Monsanto's behalf inside the Supreme Court.

11:04The 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. 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. But it's truly these chemical corporations. Hari warning the Trump administration's embrace of glyphosate could become a major political liability as midterms approach. 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?

11:53And 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. 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. The American people deserve to have consistent policies coming out of our government. They cannot tell us to eat real food and then protect the companies spraying poison on it. And that's what's weird to us and what's inconsistent.

12:44It makes us disillusioned about politics. Coming up, the White House Correspondents Dinner attempted assassin making his first appearance in court. 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.

13:09Our sponsor, the Electronic Payments Coalition, says Washington politicians are always getting in your wallet, and now they're messing with your credit card. 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. Credit cards can keep your payments secure. They can provide rewards that families help use to make everyday purchases much more affordable. 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.

13:58Find out more about it at guardyourcard.com and consider telling Congress to guard your card. 31-year-old Cole Thomas Allen, the alleged gunman at Saturday's White House Correspondents Dinner in Washington, D.C., making his first appearance in federal court yesterday afternoon. Allen, who allegedly booked a room at the Washington Hilton expecting that President Trump and other cabinet officials would be in attendance, captured on security camera charging a security checkpoint. Allen only making it about 60 feet past the checkpoint. Law enforcement quickly subduing Allen before he could make it down a stairwell into the ballroom where President Trump and cabinet members were located.

14:39The arrest affidavit indicating Allen sustaining only minor injuries during the incident. Acting Attorney General Todd Blanche at a press conference yesterday announcing the charges and their penalties. Today, the Department of Justice filed three federal charges in United States District Court against Cole Thomas Allen. The first count is attempted assassination of the President of the United States. This count is punishable by up to life in prison. The second count is interstate transportation of a firearm to commit a felony. This is punishable by up to 10 years in prison. And the third count is discharge of a firearm during a crime of violence, which is punishable by a mandatory minimum term of imprisonment of 10 years, a maximum of life, and the 10 years is consecutive to any other sentence imposed.

15:29According to the affidavit, Allen traveling from Los Angeles to D.C. by train and found in possession of a 12-gauge pump-action shotgun and a.38 semi-automatic pistol at the time of his arrest. U.S. Attorney for the District of Columbia, Janine Pirro, with more details on the case. We will prove when he purchased these guns, 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. Now, the manifesto also makes clear about his expected rules of engagement.

16:13You know, you can look at it and read it and it may seem kind of la la la. But at the end, make no mistake, he says, I am targeting the administration officials. They are my targets and I'm prioritizing from the top down the highest ranking from the lowest. And I will not hesitate to get involved in any kind of encounter with anyone who blocks me from the president. Pirro adding that additional charges will likely be brought as the investigation continues. Allen not entering a plea yesterday. His next hearing set for Thursday. Until then, he remains in custody. King Charles and Queen Camilla arriving in the U.S.

16:55yesterday for a four-day state visit, the first official trip since Charles became king in 2022, following the death of his mother, Queen Elizabeth II. The visit landing in a symbolic year, 250 years after America's founding, which came during the reign of Charles' great-great-great-great-grandfather, King George III, whom our forefathers really didn't much care for, but no hard feelings, Charles. The royals beginning their stay in Washington, welcomed at the White House yesterday afternoon by President Trump and the First Lady, a brief greeting for the cameras before heading inside for a private tea.

17:31The first couple then escorting the king and queen on a tour of the new White House-shaped beehive on the South Lawn. The trip moving forward despite new security concerns after Saturday's shooting outside the White House Correspondents' Dinner, with officials on both sides of the Atlantic deciding to proceed as planned. Today, a formal military welcome at the White House, including a large-scale troop review featuring hundreds of service members from all six branches of the military. The president and King Charles also expected to sit for a bilateral meeting in the Oval Office. Later, the king will address Congress, only the second British monarch to do so more than three decades after his mom, Queen Elizabeth II, spoke to lawmakers, and tonight a state dinner at the White House, capping the Washington portion of the trip.

18:18From there, the royals moving to New York, where they are expected to honor victims of the September 11th attacks. Charles and Camilla then heading to Virginia, followed by a stop in Bermuda. And one notable absence, the king is not expected to see his son, Prince Harry, or his non-princess wife, Meghan Markle, during the trip, despite Harry living in America. The relationship still strained, with only brief, limited contact between the two in recent years. If only we could avoid the Sussexes so easily. Sure, come over here and then go back to England and leave us with the Duke and Duchess of Duplicity.

18:54Enjoy your tea. And that'll do it for your AM update. I'm Megan Kelly. Join me back here for the MK Show, live on SiriusXM's The Megan Kelly Channel, 111 at noon east, on youtube.com slash megankelly and on all podcast platforms.

19:14The wrongs, we must right. The fights, we must win. The future we must secure together for our nation. This is what's in front of us. This determines what's next for all of us. We are Marines. We were made for this.