In Monsanto v. Geertson Seed Farms, No. 09-475, the U.S. Supreme Court will hear arguments in a case which could have an enormous effect on the future of the American food industry. This is Monsanto’s third appeal of the case, and if they win a favorable ruling from the high court, a deregulated Monsanto may find itself in position to corner the markets of numerous U.S. crops, and to litigate conventional farmers into oblivion.

Here’s where it gets a bit dicier. Two Supreme Court justices have what appear to be direct conflicts of interest.

Stephen Breyer

Charles Breyer, the judge who ruled in the original decision of 2007 which is being appealed, is Stephen Breyer’s brother, who apparently views this as a conflict of interest and has recused himself.

Clarence Thomas

From the years 1976 – 1979, Thomas worked as an attorney for Monsanto. Thomas apparently does not see this as a conflict of interest and has not recused himself.

Fox, meet henhouse.