Overview

This week, the U.S. Supreme Court handed down a trio of landmark decisions that offer an instructive, mixed baseline for defenders of private property rights, the separation of powers, and the rule of law. Across these three major rulings – Pung v. Isabella County,[1] Cisco Systems, Inc. v. Doe,[2] and Monsanto Co. v. Durnell[3] – the High Court wrestled with the fundamental boundaries of government overreach.

For farmers, ranchers, and rural landowners, these cases serve as a critical reminder of the need to aggressively ground legal authority strictly in written statutory text to keep government power in check. While two of the rulings represent structural victories for domestic commerce and agriculture, one serves as a stark warning about the fragility of property rights when dealing with local bureaucratic machinery.

Pung v. Isabella County: A Warning for Property Owners

The most troubling decision for private property owners came in Pung v. Isabella County, which stands as a deeply unsettling testament to the power of the local administrative state. Following a protracted dispute over a property tax exemption, a Michigan county foreclosed on a family’s home over a minor tax debt of just $2,241.93. The family believed they were legally entitled to the exemption, but the county moved forward anyway, seizing the home – which carried a tax assessment of $194,400 – and liquidating it at auction for $76,008. Rather than returning the difference to the property owners after satisfying the underlying debt, the local government kept every single penny of the profit.

The Supreme Court ruled that under the Fifth Amendment’s Takings Clause, the government only owes the “forced auction price” as just compensation, not the fair market value. Writing for the majority, Justice Samuel Alito defended this standard by pointing to historical tax sale traditions, arguing that requiring fair market value would make tax sales unfeasible as debt-collection tools.

As Justice Clarence Thomas noted in his powerful critique, the county completely ignored traditional common-law protections rooted in the Magna Carta, such as the requirement to exhaust personal property before executing a seizure of real estate. While the case has been sent back to the Sixth Circuit to review procedural fairness, the ruling currently leaves citizens facing tax foreclosures with weaker constitutional protections than those facing other government land grabs.

Cisco Systems v. Doe: A Shield Against Global ESG Mandates

In a massive structural victory for constitutional originalism, Cisco Systems, Inc. v. Doe shut the door on activists attempting to use domestic federal courts to police global human rights grievances. Writing for the majority, Justice Amy Coney Barrett emphasized that foreign policy textually belongs to the political branches under the Constitution, and federal judges have no business inventing private liabilities that disrupt statecraft.

This decision establishes a powerful structural precedent that fundamentally benefits the American agricultural community. Progressive activists frequently try to import vague, non-binding global environmental standards and international climate accords into domestic governance to impose strict ESG (Environmental, Social, and Governance) mandates on corporate supply chains. Cisco holds that federal courts cannot use these amorphous global “norms” to invent legal liabilities. Furthermore, it reinforces a vital rule: if Congress is silent on an issue, federal agencies like the EPA lack the authority to regulate it, protecting private lands from regulatory overreach.

Monsanto Co. v. Durnell: Defeating State Lawsuit Aggressions

In Monsanto Co. v. Durnell, the Court protected the agricultural supply chain from an unpredictable, chaotic patchwork of state jury verdicts. The litigation arose when a Missouri plaintiff sued Monsanto, claiming his long-term use of the glyphosate-based herbicide Roundup caused his cancer, winning a multi-million dollar verdict on a common-law failure-to-warn theory.

However, the Supreme Court ruled 7-2 that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) explicitly preempts these state-level lawsuits. The Court’s holding begins and ends with the text of 7 U.S.C. §136v(b), which commands that a state shall not impose labeling requirements that are “in addition to” or “different from” federal benchmarks. Because the EPA has evaluated glyphosate for three decades and consistently concluded it is not carcinogenic, its official registration of the label carries the full force of federal law. State juries cannot legally penalize a company for using an EPA-approved label.

Conclusion

These decisions establish that strict adherence to the written law is the ultimate shield for the rural way of life. Originalism and textualism are what keep federal agencies confined to their strict limits, protect our supply chains from aggressive tort juries, and ensure the laws governing American agriculture are written exclusively by elected representatives, not unelected bureaucrats or global elites.

Note: A more comprehensive, technical look at these cases is posted at mceowenaglawandtax.substack.com


[1] No. 25-95, 2026 U.S. LEXIS 2715 (U.S. Sup. Ct. Jun. 23, 2026

[2] No. 24-856, 2026 U.S. LEXIS 2714 (U.S. Sup. Ct. Jun. 23, 2026).

[3] No. 24-1068, 2026 U.S. LEXIS 2721 (U.S. Sup. Ct. Jun 25, 2026). 

Photo of Roger McEowen Roger McEowen

Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas.

Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa, where he was also the…

Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas.

Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa, where he was also the Director of the ISU Center for Agricultural Law and Taxation (CALT), which he founded.  Under his leadership, CALT utilized no taxpayer funds in its operations and fully funded staff salaries and benefits, as well as office rent, equipment and supplies, and travel costs from funds generated by seminars and other education-related events and materials.  At ISU he also introduced an agricultural law course into the undergraduate curriculum initially as an experimental course, ultimately building the course from the ground-up to almost 100 students in attendance by the spring semester of 2015.  He was also the highest rated speaker at the annual fall CALT tax schools every year through 2015.  Before joining Iowa State in 2004, he was an associate professor of agricultural law and extension specialist in agricultural law and policy at Kansas State. From 1991-1993, McEowen was in the full-time practice of law with Kelley, Scritsmier and Byrne in North Platte, Nebraska.

McEowen also teaches an undergraduate course in agricultural law at Kansas State University, and has been a visiting professor of law at the University of Arkansas School of Law in Fayetteville, Arkansas, teaching in both the J.D. and L.L.M. programs. He has also previously taught at Washburn Law School and the Drake University School of Law Summer Institute in Agricultural Law.

He has published scholarly articles in the Journal of Agricultural Taxation and LawIndiana Law ReviewDrake Journal of Agricultural LawNorth Dakota Law ReviewNebraska Law ReviewMonthly Digest of Tax ArticlesTax Notes, West’s Social Security Reporting System, Toledo Law ReviewWashburn Law JournalCreighton Law ReviewAgricultural Law Update, and the Agricultural Law Digest. He is the author of Principles of Agricultural Law, an 850-page textbook/casebook that is updated twice annually, and a second 300-page book on agricultural law. His Agricultural Law and Taxation Blog, part of the Law Professor Blogs Network, contains approximately 130 detailed and fully annotated articles annually and is the most widely read agriclultural law and taxation blog online.  In mid-2017, Prof. McEowen’s new book, Agricultural Law in a Nutshell, was published by West Academic Publishing Co.  McEowen also authors the monthly publication, “Kansas Farm and Estate Law.” In addition, he co-authors Bureau of National Affairs (BNA) Tax Management Portfolios on the federal estate tax family-owned business deduction and the reporting of farm income, and is the lead author of a BNA portfolio concerning the income taxation of cooperatives.  He is also the Editor of the Iowa Bar Tax Manual, and Estate Planning for Farmers and Ranchers and Family Business Organizations, both Thomson/West publications.

Prof. McEowen conducts approximately 80-100 seminars annually across the United States for farmers, agricultural business professionals, lawyers, and other tax professionals. He also conducts two radio programs each airing twice monthly heard across the Midwest and on the worldwide web.  In addition,his two-minute radio program, “The Agricultural Law and Tax Report,” is heard each weekday by over 2 million listeners on farm radio stations from NY to CA as well as SiriusXM 147. He also can be seen as a weekly guest on RFD-TV where he discusses various agricultural law and tax topics with the RFD-TV hosts.

In 2003, McEowen was named the recipient of the American Agricultural Law Association (AALA) Distinguished Service Award, becoming the youngest recipient in AALA history.  He is also the recipient of the AALA’s award of excellence for professional scholarship. In 2006, McEowen was named the President-Elect of the AALA.

He received a B.S. with distinction from Purdue University in Management in 1986, an M.S. in Agricultural Economics from Iowa State University in 1990, and a J.D. from the Drake University School of Law in 1991.

He is a member of the Iowa and Kansas Bar Associations and is admitted to practice in Nebraska. He is also a past member of the AALA Board of Directors.