By: S.D. Fields (c)copyright 2010 ALL RIGHTS RESERVED

” Thomas should have removed himself from the process because of his past employment by Monsanto. Their need to have certain arguments presented was critical. When I looked at the courts opinion I had to ask myself, “Was Monsanto’s corporate staff present during the language design of the opinion?”

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Imagine the Supreme Court hearing oral arguments about traffic signs. I can read the opinion now, the stop and yield signs are equal in authority. Perhaps they are, but completely different functions occur with each. One stops traffic completely, the other allows traffic to merge smoothly.

Something similar happened when JEM Ag V. Pioneer Hi-Bred Intl. was handed down. Clarence Thomas stated the “PVPA & Patent law were equal in authority”, but he failed to relay his confidence of understanding either while writing the opinion. The dissent gave clear statements of confusion by asking ” Why would Congress pass two laws with nearly identical authority?”

We have all watched cop shows with segments in the courtroom. Do you swear to tell the truth, the whole truth, and nothing but the truth?  In today’s corporate climate, the easiest way to gain any legal authority is to orchestrate a legal argument and exploit the ignorance of the Judicial system. Well, in this case the whole truth was conveniently omitted.

I’ve only known one Federal Judge that has ever had his hands in the dirt checking his planters seed placement depth.  Oral arguments lasting only a few days don’t even begin to educate the Judicial system about the complexities of the seed industry today. The only best way to arrive at an opinion is to live the issue. More