The Chemical at the Center of Everything

Glyphosate is the most widely used herbicide in American agricultural history. Monsanto introduced it under the Roundup brand name in 1974. Bayer, which acquired Monsanto in 2018 for $63 billion, has faced over 100,000 lawsuits alleging that glyphosate causes non-Hodgkin lymphoma. The International Agency for Research on Cancer classified it as "probably carcinogenic" in 2015. The EPA maintains that it poses no unreasonable risk to human health when used as directed.

These two positions — probable carcinogen, acceptable risk — have existed in uncomfortable tension for a decade. The Trump administration's recent maneuvering on glyphosate's regulatory status has now forced that tension into the open in ways that will test the durability of the MAHA coalition that RFK Jr. helped build as part of the 2024 Trump orbit.

I've been skeptical of the MAHA framework from the beginning, but skeptical in a specific way. The constitutional concerns I've raised about federal regulatory authority over food and agriculture aren't objections to the goals — healthier food, less environmental chemical load, better chronic disease outcomes — they're objections to the means when those means involve administrative agencies exceeding their statutory mandate or executive action substituting for congressional legislation. Those concerns apply whether the administration is expanding or contracting regulatory authority.

The Regulatory History That Matters

The EPA's current glyphosate registration, renewed in 2020, concluded that the herbicide is "not likely to be carcinogenic to humans." That review process was challenged by environmental groups, and the Ninth Circuit ordered the EPA to reexamine parts of its analysis in 2022. The agency's review was ongoing when the Biden administration ended and Trump began his second term.

What the Trump administration now does with that ongoing review has enormous stakes. Glyphosate is central to the Roundup Ready crop system that American agriculture has built its productivity model around for thirty years. An abrupt regulatory change would have cascading effects on commodity crop production, food prices, and the agricultural sector's capital investment assumptions. A decision to quietly extend or strengthen glyphosate's registration would signal that MAHA's influence on regulatory decisions stops at the farm gate — that the political coalition was assembled to win an election and will be managed post-election in ways that minimize disruption to established agricultural economics.

Both outcomes have constitutional and legal dimensions that the press coverage has largely ignored in favor of the political horse-race angle.

The MAHA Constituency and Its Legal Leverage

Robert F. Kennedy Jr.'s regulatory philosophy, to the extent it has consistent theoretical grounding, is that the administrative state has been captured by the industries it regulates and that this capture produces regulatory outcomes that systematically favor corporate defendants over public health. That critique has some empirical support. The revolving door between EPA and agribusiness is real and documented. The industry funding of studies used in regulatory decisions is real and documented.

What the MAHA movement hasn't fully grappled with is the question of what happens when its preferred administrative outcomes require the same kind of executive agency discretion it criticizes when exercised in the other direction. If it's problematic for the EPA to defer to industry-funded science in approving glyphosate, it's equally problematic for the EPA to defer to advocacy-group science in restricting it — the constitutional issue is the quality of the agency's own independent analysis, not the direction of the outcome.

The proper legal mechanism for a decision with glyphosate's economic significance is congressional action: legislation that sets clear standards for pesticide approval, defines acceptable risk thresholds, and creates accountability mechanisms for the agency's decisions. Administrative rulemaking — even when motivated by genuinely good public health concerns — cannot substitute for the deliberative legislative process on questions this consequential.

Whether Trump threads the needle between MAHA coalition maintenance and agricultural sector management will determine whether the healthy America agenda has genuine regulatory teeth or served primarily as a political umbrella. The glyphosate decision is the first real test. Watch what the EPA does quietly in the next six months, not what gets said at press conferences. The regulatory record, not the rhetoric, will tell you what MAHA actually means in practice.