5-4 is a podcast about how much the Supreme Court sucks. It's a progressive and occasionally profane take on the ideological battles at the heart of the Court's most important landmark cases; an irreverent tour of all the ways in which the law is shaped by politics. Subscribe to our access our premium episodes & much more at fivefourpod.com/supportListen each week as hosts Peter, Michael, and Rhiannon dismantle the Justices’ legal reasoning on hot-button issues like affirmative action, gun rights, and campaign finance, and use dark humor to reveal the high court's biases. Presented by Slow Burn co-creator Leon Ne...
McCutcheon v. FEC
Presidential candidates raised more than $1.6 billion in the 2024 election cycle, but if you think flooding politics with money is bad then you don’t understand FREEDOM OF SPEECH. Thanks to this Supreme Court decision, that pesky problem of an individual donor not being able to give more than $117,000 to political campaigns because of stupid campaign finance laws has now been solved.If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes
NIFLA v. Becerra
Crisis pregnancy centers can provide misinformation about healthcare and perform medical procedures without requiring a licensed doctor. Yes, all of that is legal, thanks to the Supreme Court. If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh provides editorial su
Your Trump 2.0 Questions, Answered [UNLOCKED]
This episode was available early to Premium members. If you'd like that kind of perk, consider joining at fivefourpod.com/support.What do you do if ICE comes to your door? How will Trump enforce his anti-trans orders? Are there risks to podcasting in the age of Trump? You asked some really dark questions, and we have answers.To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. This episode wa
Trump’s Opening Salvo
Trump’s blitzkrieg of executive orders has left many of us scrambling. The policies are cruel and reactionary, but do they amount to a constitutional crisis?If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support. 5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researc
Your Trump 2.0 Questions, Answered [TEASER]
What do you do if ICE comes to your door? How will Trump enforce his anti-trans orders? Are there risks to podcasting in the age of Trump? You asked some really dark questions, and we have answers.If you're not a 5-4 Premium member, you're not hearing every episode, including this one with helpful tips on how to survive Trump 2.0! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.]5-4 is presented by Prologue Projects. This ep
TikTok v. Garland
The Supreme Court says that you don’t have a constitutional right to short form videos of cute cats. Is it time for a revolution?You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatia
Murphy v. NCAA
You may have noticed that sports betting apps have taken over the world in just a few short years. Blame the Supreme Court.You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Rela
5-4 x Know Your Enemy: Trump 2.0 and the Courts
Peter and Michael join the hosts of the podcast "Know Your Enemy" to discuss how Trump is likely to reshape the federal judiciary during his second term. They talk about some of Trump's judicial appointees as well as outgoing President Biden's successes and failures in the courts.You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our r
The 2024 5-4 Giving Guide
Every year we like to share some organizations that have a special meaning to us. Given the year ahead, please consider donating or, at the very least, keep listening to 5-4. https://vocal-tx.orgshutitdown4palestine.org/fundraiserhttps://www.detentionwatchnetwork.orghttps://www.hechoonline.orghttps://runforsomething.nethttps://www.marinemammalcenter.org
Holiday Extravaganza: Drake, TikTok, and the Clean Girls [TEASER]
Only subscribers can hear the rest of our conversation about some of pop culture's entertaining legal battles. You could impress your friends at the holiday party by having a fresh take on the Drake and Kendrick beef or knowing the latest regarding the potential TikTok ban. Be smart and sound cool -- become a subscriber! To hear the whole episode, subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. Bonus content, access to a vibrant 5-4 Slack community, and occasional denunciations
Illinois v. Wardlow
Imagine losing some of your civil rights based on where you happen to be hanging out. Crazy, we know.You should walk, not run (unless you want to be detained and searched by police), to fivefourpod.com/support to become a premium member, where you can hear every episode. You can also subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our resea
United States v. 95 Barrels of Vinegar
We should all want accurate food labels and strong regulations. We don't want to consume raw milk or mix dolphin in our canned tuna... well, maybe some do.If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more. Join us at fivefourpod.com/support. You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode w
Small Dick Durbin Energy [TEASER]
Only subscribers get to hear the rest of our conversation about how the Democratic party fell short of making judicial appointments and failed to hold Republicans - and specific Supreme Court Justices accountable. A lot of these mistakes stem from one man, Senator Dick Durbin. To hear the whole episode, subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. Bonus content, access to a vibrant 5-4 Slack community, and occasional denunciations of listeners who disappoint us.5-4 is pr
First as Farce, Then as Tragedy
Damn you, Merrick Garland. This all could have been avoided... With the election now over, we digest what happened with our friends Jay Willis from Balls & Strikes and journalist Josie Duffy Rice.You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our
The Year Ahead for Trans Rights [UNLOCKED]
With a second Trump presidency on the horizon, we look ahead to how trans rights will be under attack. 5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy
Movie Review: My Cousin Vinny [TEASER]
Only subscribers get to hear the rest of our delightful review of My Cousin Vinny, which we consider one of the best courtroom movies ever. It's Joe Pesci and Marisa Tomei. What's not to love? To hear the whole episode, subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. Bonus content, access to a vibrant 5-4 Slack community, and occasional denunciations of listeners who disappoint us.5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfak
Elon Musk’s War on Workers
How America’s morally and physically ugliest billionaires are plotting to destroy labor rights.You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. If you're not a 5-4 Premium member, you're not hearing every episode. To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.5-4 is presented by Prologue Projects. This episode was produced by Madeline Kaplan. Leon Neyfakh and Andrew Pa
The Coming Battle Over Reproductive Rights
Could a national abortion ban already be in the works? A majority of Americans say no thank you, but as we know, that doesn't matter... *cough* Roe V Wade *cough*If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Slack community, and more, join at fivefourpod.com/support.You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. Th
Mackenzie v. Hare
Think you're an American citizen just because you're born here? Think again.You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most p
2024-2025 Supreme Court Term Preview
Do you love culture war? Then the upcoming Supreme Court term is for you...You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most pl
The Roberts One-Step (TEASER)
This is a subscriber-only episode about the Real John Roberts, as rendered in a New York Times exposé about the Chief Justice's role in shaping Trump-related jurisprudence and turning the Court into a tool of the ex-President. If you're not a 5-4 Premium member, you're not hearing every episode. To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.5-4 is presented by Prologue Projects. This episode
Securities and Exchange Commission v. Jarkesy
White collar ass crime... You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. 5-4 is presented by Prologue Projects. This episode was produced by Benjamin Frisch. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy a
United States v. Stanley
Is being dosed against your will with mind-altering drugs just part of being a soldier? You won't believe what the famously prankish Supreme Court says...You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. Now is a good time: We have an exclusive subscriber-only episode coming next week. 5-4 is presented by Prologue Projects. This episode was produced by Benjamin Frisch. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and o
Welcome to Law School 2024
You've heard about the law on 5-4… now, what if you went to a school about it? In this annual episode, let Peter, Rhiannon, and Michael tell you what you need to know if you're sticking your foot in the old meat grinder.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. This episode was produced by Rachel Ward. Leon Neyfakh and
Biden, Harris, and the Future of Court Reform (TEASER)
This is a subscriber-only episode about Biden's proposals for reforming the Supreme Court... will the hosts of 5-4 say "we do"?If you're not a 5-4 Premium member, you're not hearing every episode. To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.5-4 is presented by Prologue Projects. This episode was produced by Lena Richards. Leon Neyfakh and Andrew Parsons provide editorial support. Our resear
Fischer v. United States
Did the January 6th riot "obstruct an official proceeding"? That depends on how you interpret that very straightforward and unambiguous phrase. You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. Now is a good time: We have an exclusive subscriber-only episode coming next week. 5-4 is presented by Prologue Projects. This episode was produced by Lena Richards. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and ou
Grants Pass v. Johnson
It's not about BEING homeless, it's about doing something that's homeless. If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.5-4 is presented by Prologue Projects. This episode was produced by Lena Richards. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was design
Loper Bright Enterprises v. Raimondo
Barbie doesn't have shit on John Roberts. Now that he's killed off Chevron deference, Roberts can be an aircraft safety inspector, biomedical researcher, highway planner, nutritionist, Atlantic herring fishing boat monitor ... the possibilities are endless! If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.5-4 is presented by P
Snyder v. United States
We once again revisit the idea that a bribe is only a bribe if it's in a pillowcase with a dollar sign on it, or from a check with "in exchange for illegal favors" on the memo line.If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Pa
United States v. Rahimi
This case includes descriptions of domestic violence. Please take care while listening.If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was desig
Trump v. United States
Take a deep breath. John Roberts just handed Donald Trump the keys to the country and said "don't bother bringing it back in one piece."If you're not a 5-4 Premium subscriber, you won't hear that Rahimi episode that we've got planned for next week. Just sayin!5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Bl
Garland v. Cargill
Citing Urban Dictionary and wikiHow*, Clarence Thomas argues that a gun that can kill hundreds of people with a single trigger pull is not a machine gun.*Not actually true but those are the vibes.If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfak
Alexander v. South Carolina NAACP
The Court is back at again, pretending like they don't understand politics, while handing conservatives a victory that cements their power in South Carolina. To buy tickets for our DC show, head here:https://www.seetickets.us/event/5-4-live/604614To buy tickets for our NYC show head here:https://www.eventbrite.com/e/5-4-live-tickets-912709608007If you're not a 5-4 Premium member, you're not hearing every episode! To hear the entire Premium archive, first dibs on live show tickets, access to
"The Constitutions Includes Everybody" Live at Harvard Law School
Harvard invited us back (so that's on them) to talk about the speciousness of originalism, inclusive constitutionalism, and how to get serious about court reform. Featuring Balls and Strikes' Madiba Dennie, author of The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back (out now!) and Ryan Doerfler of Harvard Law School.To get access to this and other Premium-only episodes, membership in our Slack community, first dibs on live show tickets, and more,
Justice Alito's Red Flags
Run a January 6th insurrectionist flag up the pole and see who salutes. Oh look! It's appointed-for-life Supreme Court Justice Samuel Alito!Did you know that the majority of tickets to our DC and NYC shows were sold before the shows were even public? That's because our beloved Premium subscribers got first dibs. Plus they'll get to listen to the full version of this episode! If you're jealous, come on board at fivefourpod.com/support!If you haven't gotten tickets for our second NYC show on Tues
Arizona v. Navajo Nation
Brett Kavanaugh might have had a better shot at writing a reasonable decision if Arizona v. Navajo Nation revolved around beer rights instead of water rights, but instead the associate justice barfed up a garbled opinion about property rights.Did you know that our Premium subscribers got first dibs on our live show tickets? One of those shows is already sold out! Does that give you FOMO? If so, you can join at fivefourpod.com/support and also get membership in our Slack, exclusive episodes, invi
Maryland v. King
In the movies, detectives trail a suspect until he messes up and throws his DNA-soaked paper cup into the trash. In real life, they just pretend like they don't understand the word "identify" in order to abuse the 4th Amendment.If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh an
The 2024 Mailbag Episode [TEASER]
What to do if you get arrested (not legal advice™), why are the liberal justices just sitting back while conservatives devour the judiciary, and whether or not to vote for Biden - you've got questions, we've got … maybe not "answers," but definitely "responses."If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel War
Free Rhiannon! Campus Protests and the First Amendment
Rhi got locked up. The food was bad, the comrades were immaculate, and while the friendless centrist pundits on Twitter were wrapping themselves in knots to try to argue protests aren't speech, the kids were keeping the focus where it belongs: On Gaza.If you don't think laws are real either you can get a sick shirt about it from Shout Your Abortion: https://shout-your-abortion.square.site/shop/apparel/3 If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premiu
Hans v. Louisiana
E Pluribus Unum, more like E Pluribus Sue Them! In America, if your landlord refuses to do repairs, you sue 'em. If you get food poisoning from a chain restaurant, you sue 'em. But if you're stripped of your bodily autonomy by your state legislature via a bounty hunting scheme, you CAN'T sue your state in federal court, because of Hans v. Louisiana.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more
Retire, Sonia [TEASER]
Listen, we're not going to do the whole merch thing again, but it's time to hang up the robe and hit the beach. Or: another episode where we call for Sonia Sotomayor to retire.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher
Holder v. Humanitarian Law Project
Santa isn't the only one who keeps a naughty and nice list. And if your organization winds up on the United States' list of bad boys (designated terrorist organizations), you can forget about receiving legal representation or assistance from US-based firms. That's material support, according to this holding, even if that support doesn't contribute to terrorism in any way.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Sl
The (Constitutional) Crisis at the Border
Texas passed a law that allows it to police the US border with Mexico without regard to federal policy. That may seem like a little oopsy but actually it's a big "fuck you."If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is
United States v. Jones
The Court does not want you to plead not guilty by reason of insanity and to enforce that, they'll happily sign off on you being institutionalized for far longer than the prison sentence that you would have served. You'll need a mental health day after this one for sure.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. R
Illinois v. Caballes
This is the story of a man with the worst luck in the whole world, and how Jay-Z called the whole thing.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our
Trump v. Anderson
We're joined by Balls and Strikes' Jay Willis in this emergency episode to talk about Trump v. Anderson, which challenged Colorado removing Trump from the primary ballot. In a shocking twist, the Court held that Colorado can't do that. JK that's not shocking - the twist is that the dogs you hear barking in this episode are Jay's, not Michael's.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, joi
How to Teach Constitutional Law [TEASER]
The legal academy is losing its mind. Good news for us, the profs are talking about their broken brains in the New York Times. Today on the show, Peter, Rhiannon, and Michael discuss “The Crisis in Teaching Constitutional Law” by Jesse Wegman to snark on the state of legal education.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Proj
Nixon v. Fitzgerald
You can't sue the President if they wronged you, as long as what they did was in the course of their official duties. And maybe possibly if they did it out unofficially out of spite, or because they were just feeling crimey that day. Thank goodness we have this fantastic precedent to help us deal with Trump's many cases!If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/sup
Maryland v. Shatzer
Groundhog Day but make it interrogation. The Supreme Court says cops are welcome to keep hauling you in for questioning as long as they honor an arbitrary waiting period. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is J
The Federalist Society, part 4: How to Fight Back [TEASER]
Let's burn this motherfucker down metaphorically speaking OF COURSE! Today we're talking about how to counter Fed Soc's influence on campus and in the courts. The game plan isn't to copy their strategy - it's to play to the left's strengths.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Ney
The Federalist Society, part 3: The Spoils
The greatest trick the Devil ever pulled was convincing the world he didn’t exist. He learned it from the Federalist Society, by watching them steadily shift the terms on which all contemporary legal issues are argued. Now even progressive jurists feel compelled to debate the debate club on its own turf. The Devil is duly impressed.For more about what Fed Soc hath wrought, check out Amanda Hollis-Brusky's Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Oxf
The Federalist Society, part 2: The Debate Club
First you get the money, then you get the power. But FIRST first you get the law students. This week we're exploring the tentacles of the Federalist Society, and how a so-called debate club pulls levers across government, the legal profession, and academia, to achieve its conservative ideological goals.Hear more from this episode's contributors:Vanessa A. Bee is the author of HOME BOUND: An Uprooted Daughter’s Reflections on Belonging (Astra Publishing, 2022).Andrea Bernstein's reporting with Pr
The Federalist Society, part 1: Immodest Origins
There's a powerfully connected right-wing organization operating at every elite law school in the nation. It built itself by leveraging the conservative victim complex, the Reagan revolution, networks of judges and activists, and cold hard psycho millionaire cash. This is the story of the Federalist Society.If you can't get enough of these monsters, you may want to read The Rise of the Conservative Legal Movement: The Battle for Control of the Law (Princeton, 2008) by Steven Teles, or list
The 5-4 Giving Guide 2023
Every year we like to shout out organizations that inspire us or have deeply embarrassing kompromat on us. Good luck guessing which is which!https://www.icareaboutcoral.org/https://shoutyourabortion.com/https://www.assignedmedia.org/https://www.librariesforthepeople.org/https://palestinianfeministcollective.org/https://www.newalternativesnyc.org/https://www.projectstreetvet.org/https://fa.urbanjustice.org/donate/https://secure.actblue.com/donate/eoy2023plIf you're not a 5-4 Premium member, you'r
How to Lose Your Job by Supporting Palestine [UNLOCKED]
This episode was available early to Premium members. If you'd like that kind of perk, consider joining at fivefourpod.com/support.Ryna Workman and Jinan Chehade were both knocked off the Big Law course they thought they were on, after expressing solidarity with Palestine. Now they're on a mission to make some good trouble.Thanks for being a 5-4 Premium member! Your support means the world to us!5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons pr
How to Lose Your Job by Supporting Palestine [TEASER]
Ryna Workman and Jinan Chehade were both knocked off the Big Law course they thought they were on, after expressing solidarity with Palestine. Now they're on a mission to make some good trouble.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial suppo
Epic Fail! Constitutional Amendments That Didn't Make the Grade [TEASER]
It's basically impossible to amend our crummy Constitution, as demonstrated by the litany of proposed amendments that have face planted directly into the dustbin of history. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researc
Glacier Northwest, Inc. v. International Brotherhood of Teamsters
Our nation has laws, procedures, and courts for settling labor disputes. But what if you're a concrete company and you don't wannnnnnnnnnnnnna go through the system that Congress authorized specifically for this purpose? Then you take it to state court baybeeee - and see if SCOTUS will let you sneak out of the National Labor Relations Board process.Hey, did you know that if you're not a 5-4 Premium member, you're not hearing every episode? To get exclusive Premium-only episodes, access to our Sl
Abe Fortas: The Justice Who Walked So Clarence Thomas Could Run [TEASER]
Get a load of this - this guy accepted a SALARY for TEACHING at a SCHOOL. Simply not Supreme Court justice material. Get the guy who sold a house to a billionaire instead.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.Read the book that inspired this episode: Battle for the Marble Palace by Michael BobelianMassive thanks to Workers Defense Project in Austi
Richardson v. Ramirez
We want to dedicate this episode to Vermont and Maine, the only two states in this whole goddamn country that let everyone exercise their Constitutional right to vote. What are they putting in that syrup? Everywhere else, you've got Richardson v. Ramirez to thank for the movement to disenfranchise people who've been caught up in the criminal punishment system.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack communit
Schenck v. United States
War! Huh! Yeah! What is it good for? Absolutely suppressing speech!Read "The Anti-Surveillance Coalition's Highest-Stakes Gamble" by Spencer Ackermanhttps://foreverwars.ghost.io/the-anti-surveillance-coalitions-highest-stakes-gamble/Listen to Know Your Enemy: Elon Musk, the Jews, and the ADL, with Mari Cohen, Alex Kane, and Peter Beinarthttps://www.dissentmagazine.org/blog/know-your-enemy-elon-musk-adl/If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium
A Note From Rhiannon
You are a person with power. Now is the time to use it.Call your representatives: https://ceasefiretoday.com/Join a protest: https://www.shutitdown4palestine.org/Follow:@palestinianyouthmovement@motaz_azaiza@byplestia@wizard_bisan1@mohammedelkurd@pal_legal Hosted on Acast. See acast.com/privacy for more information.
Legally Blonde [TEASER]
A conversation about Legally Blonde has to do with the Supreme Court … how? Because we assume in Elle's universe she's now chief justice, and John Roberts teaches PE at a middle school in Buffalo.5-4 Premium members get this full episode, and our extensive back catalogue of Premium-only episodes. To make sure you can hear every episode we release, and get access to our Slack community, first dibs on live show tickets, invites to monthly events and more, join at fivefourpod.com/support.5-4 is pre
Palestine Legal: "The Great Difference a Movement Lawyer Can Make"
We're sharing this episode of Rhiannon's movement lawyering series with all of our listeners. Our Patreon subscribers heard it first, back in March.In this episode, Rhiannon talks with Palestine Legal's senior staff attorney Radhika Sainath and staff attorney Dylan Saba about their mission to protect Palestinian activists from harassment, and the power of intersectional liberation movements.You can learn more about Palestine Legal here:https://palestinelegal.org/And if you'd like to join the net
Geduldig v. Aiello
This case about discrimination on the basis of pregnancy might have you thinking that Potter Stewart said "trans rights are human rights." Absolutely not. Mans said "get back in the kitchen, wench."If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial s
Berghuis v. Thompkins
In a world where the police are charged with protecting your Constitutional rights, they'd be climbing all over themselves to read you your Miranda Rights. We don't live in that world.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support.
The Southern Manifesto [TEASER]
Proving once again that the sequel is always worse … we present Brown v. Board of Education II, and the rest of the cases that southern states used to try to delay integration, circumvent the Supreme Court's authority, and develop new legal strategies to preserve de facto segregation.5-4 Premium members get this full episode, and our extensive back catalogue of Premium-only episodes. To make sure you can hear every episode we release, and get access to our Slack community, first dibs on live sho
Hampton v. United States
My life is a movie! A movie where a federal agent sets me up to do a drug deal by providing the buyers and the drugs but somehow that's not entrapment! A horror movie if you will.Here's the This American Life episode that Michael recommends, "What I Did for Love."https://www.thisamericanlife.org/457/what-i-did-for-loveIf you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/suppo
2023-2024 Term Preview with Chris Geidner
Doesn't it feel like we JUST did a term recap episode? What if the Supreme Court just like took a gap year or something, and left us all in peace for once. Wouldn't that be nice? Alas, no such luck. You're losing more rights this year … AGAIN.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Ne
Your Questions: Jury Nullification, Law School Reform, and More [TEASER]
We have the smartest, most curious listeners in the business and in this episode we're answering your burning questions with a fire extinguisher of wisdom and insight straight to the face.5-4 Premium members get to hear the full episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jona
United States v. Sioux Nation with Nick Estes
We're joined by Nick Estes, of The Red Nation podcast to talk about Indigenous sovereignty, land back, and how stupid Mount Rushmore is.You can find Nick's work at www.therednation.org.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our r
Welcome to Law School 2023
Just like clockwork, the Spirit Halloweens are popping up and law students are heading back to campus, which means it's time for our Welcome to Law School episode. Come for the updates, and stay for the milk crate challenge!If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew P
The Twisted Mind of Clarence Thomas [TEASER]
Jump int the RV kids, we're exploring Clarence Thomas' dissents, concurrences, and the mind of the man. Buckle up, because it's a twisted road.5-4 Premium members get to hear this whole episode, and a whole bunch of other episodes you're not hearing if you don't subscribe. To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide edito
Students for Fair Admissions v. Harvard
The Supreme Court has overturned one of our nation's only proactive strategies for addressing its foundational sin. But what's worse, the most annoying guy on the cross country team just lost his last best excuse for why he didn't get into Harvard. Enjoy SUNY Binghamton, Bronckton!If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue P
Harisiades v. Shaughnessy
The lapsed memberships of your youth can be held against you in immigration proceedings. It's only a matter of time until all Neopets users are deported.Is this a weird time to mention our Premium subscription? If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provid
2022-2023 Term Reflections [TEASER]
The 2022 Supreme Court term is officially over. Don't you feel relieved? lol us neither.The full version of this Premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme son
DeShaney v. Winnebago County Department of Social Services
This episode discusses child abuse. We urge you to take care while listening.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks
Biden v. Nebraska
Absolutely fuck the major questions doctrine, fuck this Court, and fuck student loan debt. Come get pissed with us.If you're not a 5-4 Premium member, you're not hearing every episode. You could be getting even more mad. To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and
303 Creative LLC v. Elenis
In this case from this past Friday, the Court has added a giant loophole to our anti-discrimination laws. How big is the loophole? About the size of a 161’6″ super yacht or a Bombardier Global 5000 private jet.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide
Sackett v. EPA (Sackett II)
What has a head and a mouth, but cannot wear a hat? A river! What has its head up its ass, and cannot interpret the Clean Water Act correctly? The Supreme Court!If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan De
Protecting Trans Rights with Erin Reed [UNLOCKED]
This episode was available early to Premium members. If you'd like that kind of perk, consider joining at fivefourpod.com/support.Journalist Erin Reed monitors assaults to trans rights across the country. We talked to her about the evolution of anti-trans legislation, common conservative strategies, and what cases might end up before the Supreme Court.You can find Erin's incredible "Anti-Trans Legislative Risk Map'' at erininthemorning.com. It's a map of "two Americas - one where trans peop
Protecting Trans Rights with Erin Reed [TEASER]
Journalist Erin Reed monitors assaults to trans rights across the country. We talked to her about the evolution of anti-trans legislation, common conservative strategies, and what cases might end up before the Supreme Court.You can find Erin's incredible "Anti-Trans Legislative Risk Map'' at erininthemorning.com. It's a map of "two Americas - one where trans people have full legal protections, and one where they are persecuted by the state."If you're not a 5-4 Premium member, you're not hearin
American Ship Building Company v. National Labor Relations Board
When the union's inspiration through the workers' blood shall runThere can be no power greater anywhere beneath the sunUnless the highest court in all the land decides that you are doneThen your union job is gone.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and
Sierra Club v. Morton
I am Bill Douglas, I speak for the trees. I speak for the trees, for the trees have no tongues. And I'm asking you, sir, at the top of my lungs - who does have standing?Unless … 👉👈If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide e
The Fall and Rise of the Death Penalty [TEASER]
The death penalty has a long, ugly, racially-motivated history in the United States. Let's dig into the state's monopoly on violence and see what terrible things it reveals about us as a nation, shall we?The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is P
United States v. O'Brien
War, huh, yeah. What is it good for? Curtailing the First Amendment!If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our researcher is Jonathan DeBruin, and our website was de
The Shadow Docket with Steve Vladeck
As the Court has moved right, it's been using the "shadow docket" to execute on more of its agenda. Previously reserved for emergencies, like stays of executions, the process of hearing cases outside of the Court's ordinary calendar is now frequently used to issue unsigned and unexplained decisions that overturn the status quo. We'll dig into it with University of Texas School of Law professor Steve Vladeck, and author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Pow
Palmer v. Thompson
Jackson, Mississippi out here with the supervillian-level attitude towards public goods - "if I have to share, then no one can have it."If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Perci
The Thomas/Crow Affair [TEASER]
Just to refresh your memory - bribery is when you write "bribe in exchange for your vote" on the memo line of a check, OR when you sign a contract saying you are doing bribes and then drop a pillowcase full of cash off at someone's office while multiple DOJ officials are watching. A billionaire ferrying a public official around on his private jet and super yacht, while he sits on the board of multiple organizations that are trying to influence the Court, is NOT bribery. It's just frie
Ewing v. California
The tension is palpable with the count tied at 3-2 … the defendant steps up to the plate and … OH! Swing and a miss! That's the third strike for our defendant which means the Court is going home with the win and the defendant is going to jail forever! Tax payers will also move down in the standings; they'll be footing the bill for senseless incarceration for 25 years to life. The 8th Amendment also takes a hit with this loss, moving down from "Constitutional law" to "that's just your opini
Noted Segregationist William Rehnquist [TEASER]
Well if intimidating minority voters, issuing memos in support of school segregation, and moving into a neighborhood that bars Jews from owning homes there makes you a segregationist ……then William Rehnquist was a segregationist. A man who served as Chief Justice of the Supreme Court. Until 2005. The same year Gorillaz released "Feel Good Inc." The year Wedding Crashers came out. It's Always Sunny in Philadelphia premiered BEFORE this man left the bench. Please do not let your takeaway her
Cruzan v. Missouri Department of Health
This episode contains discussions about the right to die, end of life matters, and suicide, which may be uncomfortable for some listeners. If you or someone you know is struggling with thoughts of suicide, please seek help immediately. Resources and support for those in need can be found at the National Suicide Prevention Lifeline at 988lifeline.org, or by dialing 988. Please take care while listening.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-
Palestine Legal: "The Great Difference a Movement Lawyer Can Make" [TEASER]
We're back with another episode of Rhiannon's movement lawyering series! In this episode, Rhiannon talks with Palestine Legal's senior staff attorney Radhika Sainath and staff attorney Dylan Saba about their mission to protect Palestinian activists from harassment, and the power of intersectional liberation movements.The full version of this premium episode is currently available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prolog
5-4 x Bloc Party: Michael on How the Dems Flopped on Debt Relief
Breaking news! It's not just the Supreme Court that sucks - it's ALSO the executive and legislative branches! This week we're sharing Michael's appearance on Bloc Party, talking about how oral arguments went down in the SCOTUS cases that could make or break Biden’s student loan cancellation initiative. Eleni Schirmer from the Debt Collective also joins in, to cringe at Roberts’ lawnmower commentary and reflect on the way Biden is (or more notably…is not) exercising his executive auth
Boyle v. United Technologies Corporation
What does a military contractor have in common with Justice Antonin Scalia? They both manufacture things! The contractor manufactures helicopters with faulty escape hatches. Scalia manufactures, out of whole cloth, new laws about who can be held liable for deaths. Neither of them care if you live or die, as long as the designs are to spec!5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Per
"When I say EMPTY you say SKULL" - Live in Austin [TEASER]
Recorded live at Stateside at the Paramount! Join us as we skewer Texas judges (not literally!), teach a robot to argue before the Supreme Court, and answer the question that has haunted this podcast from the very beginning: Who IS Leon Neyfakh? The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide e
5-4 Presents: Unreformed - "The Lucky Ones"
This week, 5-4 invites you to check out an episode of Unreformed: the Story of the Alabama Industrial School for Negro Children, hosted by friend-of-the-pod Josie Duffy Rice.In 1968, police arrested five Black girls dressed in oversized military fatigues in Montgomery. The girls were runaways, escaping from a state-run reform school called the Alabama Industrial School for Negro Children in Mount Meigs, Alabama. The girls were determined to tell someone about the abuse they’d suffered there
In re Gault with Josie Duffy Rice
It's not easy being a kid. Especially when the state thinks you don't have any constitutional rights. Thank goodness for this week's case, In re Gault, where the Court decides you can have a little rights, as a treat. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Ney
Prosecutorial Immunity, or "FTP" Means Prosecutors Too [TEASER]
You know and hate qualified immunity, which allows cops to get away with murder. Now meet prosecutorial immunity, the judge-made doctrine that allows prosecutors to get away with the death penalty. Prosecutorial immunity shields prosecutors from the consequences of their actions - whether it's putting witnesses they know are lying on the stand, withholding exculpatory evidence, or retaliating against you for refusing a plea. APAB.The full version of this premium episode is available exclusively
Connick v. Thompson Encore
What is the greater crime? Missing a recording and pushing an episode back by a week … or using the full power of the state to prosecute a man for something he did not do, confining him in solitary as he awaits execution, and then appealing the remedy that he is awarded when exculpatory evidence (that the prosecution probably hid from the defense) resurfaces? Anyway, here's an encore of Connick v. Thompson to help you get hype for next week's Premium episode about prosecutorial immunity.If you'r
"Jones Day Made Trump" - Live at Harvard Law with David Enrich
Recorded live at Harvard Law School's Corporate Capture of the Legal System conference, we're talking about Jones Day. The law firm jumps into bed with all manner of villains with the justification that "everyone deserves representation." But as David Enrich, business investigations editor at The New York Times writes in his new book “Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice," what Jones Day actually does goes far beyond "representation."If you're not
Korematsu v. United States
In this case from 1944 the Court decides that arresting someone on "suspicion of being Japanese" and putting them in a concentration camp is not racially motivated. And while we're at it, don't call it a "concentration camp," that makes the justices feel icky.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our website was designed by Peter Murphy. Our artwork is by Teddy Bla
Your Questions Answered [TEASER]
Here at 5-4 HQ we get a lot of questions. And while we can't answer the ones from our parents, about what we're doing with our lives, we CAN answer your questions about the law.The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our as
Giles v. Harris
Don't get it twisted: "the point" whizzing high over the heads of Supreme Court justices is a tradition as old as the Court itself. This case, where the Court holds that it cannot declare discriminatory voter registration unconstitutional because that would "legitimize it," proves our case.Tickets are selling fast for our Austin live show on Friday, February 24th! Get yours here: https://tickets.austintheatre.org/9063/9064You know who already knew about the live show tickets? 5-4 Premium members
McDonnell v. United States
The dictionary defines "quid pro quo" as "when a businessman walks up to a Congressman in the Capitol and hands him a check with the words 'bribe for doing a favor for me' written on the memo line." Nothing else constitutes bribery. It is so ordered. We've got an upcoming premium episode answering your questions. If you're dying to know something about the Court, this term, the show, cases, or the hosts, submit your question here! https://forms.gle/yaJrQs3cKhYmnVhs6And to attend our Austin live
5-4 Presents: If Books Could Kill - "Outliers"
This week, 5-4 invites you to check out an episode of If Books Could Kill, featuring Michael Hobbes, of Maintenance Phase, and 5-4's own Peter.If Books Could Kill deconstructs the airport bestsellers that captured our hearts and ruined our minds. FromThe Game to Freakonomics, if an idea is bad enough, someone has written a book about it, and Peter and Michael are here to rip it to shreds. If you like the show, you can find more wherever you get your podcasts. Hosted on Acast. See acast.com/priva
The 2022 Five Four Giving Guide: More Ways to Help
We spend the better part of the year bumming you out about the many ways the law fails to actually provide justice. Thankfully, there are organizations that provide mutual aid and support to right some of the wrongs committed by our judiciary. Here are some of our favorite orgs that are offering healing, advocacy and care, to build the future that we want.https://reprolegaldefensefund.org/https://bailproject.org/https://www.thetrevorproject.org/https://ysrp.org/https://www.raicestexas.orghttps:/
The Pelican Brief
For some strange reason, there aren't many thrillers about the Supreme Court. The Pelican Brief remedies this obvious oversight by Hollywood. If you'd like to option 5-4 for film and television, we're all ears.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and
Sonia Sotomayor [TEASER]
Associate Justice Sonia Sotomayor is undoubtedly one of our faves. But "no robes, no masters" still applies.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our assistant producer is Arlene Arevalo. Our website was designed by Peter
Glossip v. Gross
This episode contains graphic depictions of an execution. Please take care while listening.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our assistant producer is Arlen
Utah v. Strieff
The Fourth Amendment protects you from unreasonable search and seizure by the government. Unless the government wants to unreasonably search and/or seize. In that case, the Supreme Court says "go for it babes!"If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.]5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh an
Public Defenders: "Incarceration Doesn't Make Us Safe" [TEASER]
The full version of this episode is available now to our 5-4 Premium supporters. To join, visit www.fivefourpod.com/support5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our assistant producer is Arlene Arevalo. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow Peter (@The_Law_Boy
Samuel Alito [TEASER]
Justice Samuel Alito is deeply contemptuous of those who don't share his worldview, where abortion is murder, and the cops can do whatever they want, and Jesus would have ruled against the FEC in Citizens United. If hell is real, plan to see Alito there.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. 5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons p
Bowers v. Hardwick
This episode quotes outdated language about homosexuality that maybe painful to hear. Please take care while listening.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our
Independent State Legislature Theory
The first time the Supreme Court flirted with Independent State Legislature doctrine, George W. Bush wound up in the presidency. Next time, if conservatives on the court get their way in an upcoming case, your vote - depending on where you live - could lose all meaning.You can now get 5-4 Premium on Spotify by visiting our website fivefourpod.com/support. There, you can sign up to join 5-4 Premium, which allows you to support the show, get access to bonus episodes, membership in our slack channe
Rhiannon Resigned and Peter Got Fired [TEASER]
The hosts have some ~personal~ news.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit https://www.fivefourpod.com/support/Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
Legal Discourse and Our Discontents [TEASER]
The state of legal discourse is bad. There's an entire ecosystem of talkers that need the Court to exist so they have something to talk about. Which naturally warps the way they talk about the Court. But the Court's blatant political maneuvering over the last term is impossible to ignore - and it looks like there may be a shift happening in the ecosystem.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit https://www.fivefourpod.com/su
Tanner v. United States
Fun party idea: convene 11 strangers, get zooted at lunch, deal some weed, do a little coke in the bathroom of a courthouse, then determine whether or not you're going to put a human in a cage for a substantial chunk of their life.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our assistant producer is Arlene Arevalo. Our website was designed by Peter Murphy. Our artwor
2022-2023 Supreme Court Term Preview
Having accomplished their big goals of overturning Roe and giving a praying football coach back a job he never actually lost and apparently does not want to anymore, conservatives are now looking to the next Supreme Court term. This year, as part of their continued campaign to prove that racism does not exist, they'll try to eliminate affirmative action and federal Indian Law.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon membe
Ketanji Brown Jackson [TEASER]
The Supreme Court term begins next week and for the first time in American history, a Black woman will sit among the justices. Here's everything you need to know about Justice Ketanji Brown Jackson's background, judicial philosophy, and approach to haters.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpodFollow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on A
Minor v. Happersett
Welcome to citizenship in the United States of America - you knew that you weren't guaranteed to get health care, housing, economic security, or education … but did you know that you ALSO aren't guaranteed the right to vote?!Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at pa
Vega v. Tekoh
Cops have to read you your Miranda rights. If they don't … nothing happens, according to this recent Supreme Court ruling. Probably nothing to worry about here.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more
Welcome to Law School (Again)
Oh my god, MORE of you decided to go to law school? Even after we released this episode last year? Welp. We can't stop you. But we can offer you an encore of our Welcome to Law School episode, where we break down why it's not you - it's law school.Get the support of likeminded law students, lawyers, and law lovers (or haters) in our Slack community, by joining our Patreon at the $10 a month level. Patreon subscribers also get ad-free case episodes, premium episodes, invitations to exclusive even
Harriet Miers Gets Wrecked [TEASER]
Harriet Miers was a lawyer and advisor in the Bush Administration. But what she was NOT was reliably conservative enough to pass Federalist Society muster. Her failed nomination was the first breath of a new era in Court politics: where you toe the line or you gtfo.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod Hosted on Acast. See acast.com/privacy for more information.
New York State Rifle and Pistol Association v. Bruen
The United States has a long, complex, and often contradictory history of firearm regulation. Clarence Thomas reached into that history, selected the parts he liked, discarded the parts he didn’t, and used it to overturn New York’s longstanding handgun licensing law. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to
Oklahoma v. Castro-Huerta
Continuing its trajectory of abandoning tests that don't pass the vibe check, the Supreme Court ruled that states can prosecute crimes committed by non-Natives on Native land. The holding overturns literally centuries of precedent and clears the way to eliminate tribal sovereignty all together.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, d
Free Speech, Cancel Culture, and the Court [TEASER]
Live from the People's Parity convening in Washington, DC, we're talking about free speech and the right's obsession with cancel culture. We're digging into what speech the conservative legal movement thinks is worth protecting (such as the heavenbound prayers of a humble junior varsity football coach) and what speech is not (all other speech).The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod Hosted on Aca
"We can make Roe the law everywhere" - An Interview with Senator Elizabeth Warren
Senator Elizabeth Warren, we can only assume against the advice of counsel, agreed to come on 5-4. We talked about the filibuster, the Democratic response to Dobbs, and Peter and Michael's beards. Hosted on Acast. See acast.com/privacy for more information.
WTF Are The Dems Doing? with Jamelle Bouie
Imagine you are given a month and a half head start on a race. Do you A) start running, B) wait around until the official start time to run, or C) act surprised when the race starts and chastise any of your teammates who tell you that it's time to start running? If you chose C, congratulations, you are the Democratic Party responding to the Dobb decision!Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're
West Virginia v. Environmental Protection Agency
John Roberts has decided that the standard for whether or not something is a "major question" is whether or not it "raises an eyebrow." But like, let's not beat around the bush, John - you can just say vibe check.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fi
Kennedy v. Bremerton School District
In this case from the most recent term, the Court once again says we should look to history and tradition to determine what's appropriate. Which is gonna be a tough one to parse, because the founders didn't really give us a strong sense of how they felt about junior varsity football games at public high schools. Probably because none of those things had been invented yet.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, yo
Shinn v. Ramirez
This episode contains descriptions of violence against a child that may be challenging for some listeners. Please take care while listening.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not.a member of our Patreon, you're not hearing every episode of 5-4. To get exclusive episodes, access to live events, and membership in our Slack community, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Emergency Episode: Roe Is Overturned
The Supreme Court has released the long-awaited Dobbs v. Jackson Women's Health Organization decision. The news is bad. Ruling in favor of Mississippi, the Court allows the state to ban nearly all abortions after 15 weeks. The opinion is written by Justice Samuel Alito, and is largely the same as the opinion that was leaked earlier this year. Alito writes, "The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the
Egbert v. Boule
In this case the Court holds that you have no right to sue a federal official, even if a border agent trespasses on your property, knocks you to the ground, and calls the IRS on you for having the gall to file a complaint about it. So if you're keeping track at home, the Court is saying that First Amendment and Fourth Amendment don't actually mean anything.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearin
5-4 x Know Your Enemy: "Overturning Roe, Part One"
The hosts were recently guests on Know Your Enemy, talking about the origins of the conservative legal movement, and its decades-long campaign to overturn Roe v. Wade. This episode is part of a series they're calling "How They Did It," about the likely reversal of Roe. If you like this episode, you find Know Your Enemy wherever you get your podcasts.To get premium Patreon-only episodes of 5-4, access to exclusive events, and membership in the 5-4 Slack, join us at www.patreon.com/fivefourpo
Federal Election Commission v. Ted Cruz for Senate
This week, the hosts use a variety of film and television references to try and capture the pure villainy of a recent ruling that allows candidates to "loan" their campaigns unlimited money and be paid back, with donor funds, AFTER they're elected. We're talking tie-a-damsel-to-the-tracks-twirl-your-mustache level.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-o
Brett Kavanaugh - Unlocked Premium Episode
The hosts pound some brewskis with Supreme Court Justice Brett Kavanaugh.Normally there would be no episode in the free feed this week, but we decided to do something special for ya. This episode was originally exclusively available to our Patreon members, but we're giving you a peek into the premium feed. If you enjoyed the episode and want to unlock more like it, like our just-released episode about Originalism, join our Patreon at $5 a month, at patreon.com/fivefourpod.Follow Peter (@The_Law_
Whren v. United States
This unanimous decision holds that cops who don't deal with traffic enforcement are allowed to tail you until you commit a minor offense, and then literally dive head first into your car to nab you on an unrelated drug charge. It's just another case in a long line of Supreme Court jurisprudence that is preferential to the "I Do What I Want" brand of policing … and completely antithetical to the Fourth Amendment.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on T
United States v. Vaello Madero
In this ruling from just last month, the Supreme Court ruled that Puerto Ricans are not entitled to equal protection under the Fifth Amendment because … unclear. Citizens who live in DC and the Northern Mariana Islands? Yes - equal citizens under the law. Puerto Ricans and Guamamians? Sorry, no, try again next century.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive
5-4 Live in Oakland [TEASER]
A common criticism of 5-4 is that adjudicating is hard work, and the hosts have no experience. So to prove that no, judging is actually dummy easy and anyone can do it, in this live show, the hosts rule on disputes brought by the audience. They also talk about Oakland v. BP, in honor of their appearance at The New Parish in Oakland, AND make a very special phone call to everyone's favorite beer aficionado.The full version of this premium episode is available exclusively to our Patreon supporters
Dobbs v. Jackson Women's Health: The End of Roe
In this emergency episode, the hosts are talking about what happens now that a draft of Dobbs v. Jackson Women's Health Organization decision has been leaked. Roe v. Wade will almost certainly be overturned, and abortion will likely become illegal in almost half of the country. But other rights predicated on due process, like birth control, marriage equality, and desegregation, are at risk too.To learn more about joining a network of lawyers for reproductive justice, visit https://www.ifwh
Lassiter v. Department of Social Services
In this case, the Supreme Court rules that a mother who is at risk of losing parental rights for her child is not entitled to a lawyer during the proceedings. This episode features discussions of families interacting with social services and the foster system. Please take care while listening.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discount
Immigration and Naturalization Service v. Elias-Zacarias
A difference of political opinion is when one person wants the coal industry to get tax breaks, but another person wants the oil industry to get tax breaks. Not wanting to be conscripted into an army to fight in a war against your will is NOT a political opinion. Therefore, it is totally fine for the United States - the nation that instigated the war mind you - to deny you an asylum hearing and send you back to face that certain fate.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Mich
How the Biden SCOTUS Commission Radicalized One Law Professor [TEASER]
President Biden thought he could bury his weaksauce Supreme Court commission report by releasing it right before Christmas. Nice try Joey. We talked to commission member Kermit Roosevelt, of University of Pennsylvania Carey Law School, about being radicalized by his fellow liberals on the commission. Not because they're radical too, but because they're so institutionalist he got fed up.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit&nbs
5-4 Presents: Damages - "Manoomin v. Minnesota"
This week, 5-4 is inviting you to check out an episode of Damages, from the Critical Frequency Podcast Network.Damages is a courtroom drama podcast that follows the well over 200 climate lawsuits currently active in courtrooms all over the world. Ranging from explanatory episodes to docuseries to narrative seasons, it’s a show about the quest for justice and a crime against humanity: the climate crisis. In this episode: a case on behalf of wild rice, or manoomin in the Ojibwe language. The right
Lorillard Tobacco Co. v. Reilly
To review: If you are an anonymous donor, using your money to drown out the voices of everyone else in an election, that is free speech. If you are a citizen who wants to tell a cop to fuck off, that is NOT free speech. And if you are a tobacco company that wants to tell children about the rich, smooth taste of a product that will addict and kill them, that is free speech.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, y
Strickland v. Washington
In this case, eight Supreme Court justices felt like it was totally fine to let the state kill a man, even though his lawyer prepared exactly NOTHING to present mitigating factors during the sentencing phase of his trial. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com
The Civil Rights Cases of 1883 [TEASER]
In this episode, the hosts discuss a series of cases from 1883 about the 13th and 14th Amendments, which ultimately ushered in the Jim Crow era. And what's really fun (fun?), is that these holdings use some of the very same shitty justifications of racial discrimination that you'll find on Fox News to this very day. Time is a flat circle!The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on A
We Need To Talk About Ginni
In this long-anticipated episode we finally get into The Ginni Problem. New Yorker chief Washington correspondent Jane Mayer joins us to talk cults, insurrection, and other super normal Supreme Court stuff.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. Ho
Merrill v. Milligan
The Supreme Court says there's simply no time before elections that are months away, to redraw racist Congressional district maps, that took all of one week to make initially. If you're a fan of democracy that probably sounds bad, but listen, nothing in the Constitution explicitly says that fascism is expressly prohibited.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclu
The Lochner Era [TEASER]
Do you like reboots? You're gonna love The Lochner Era 2: Return of the Robber Barons! Featuring all of the union-busting, labor-exploiting, children-working-in-a-coal-mine of the original Gilded Age, but now with 100 percent more campaign spending by corporations!The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Ingraham v. Wright
This episode contains references to physical abuse of children. Take care when listening.The standing law on corporal punishment - physically punishing children - in schools, is that it's legal because 8th Amendment protections against cruel and unusual punishment only applies to CRIMES. Failure to get your keister in line mister, is not a crime, and therefore, punishable by beating.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreo
Parents Involved in Community Schools v. Seattle School District No. 1
Racism equals bad so acknowledging race bad too so reverse racism real so white girl go to preferred school, yes?Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
The Best Amendment (The Ninth) [TEASER]
This long-lost amendment gives you rights that our founding fathers, even in their wildest dreams, couldn't enumerate. So that's kind of a problem for modern conservatives.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
NFIB v. Department of Labor
In this ongoing case, the Court holds that requirements that employees mask and test weekly, or get vaccinated, cannot be enforced while a challenge makes its way through the judiciary. It's good news for … I don't know, hermits living in caves who never interact with humans, or people who are already dead? For everyone else, it's not so great.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every
Florida v. Riley
Go-go-gadget surveillance state! In this case the Court holds that cops can hover a helicopter over your house and peer into it without a warrant. That set a new standard for the Fourth Amendment - namely that it doesn't really exist, and if you wanted privacy then you should have been richer.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discount
5-4 Presents: Scene on Radio - "Pachamama"
This week, 5-4 is inviting you to check out an episode of Scene on Radio, from the Center for Documentary Studies at Duke University. Scene on Radio asks big, hard questions about who we are, and how we got this way. This season, "The Repair," they're focusing on the climate crisis, and in this episode they're looking at the creative ways we can use the law to protect nature and fend off climate change.If you like Scene on Radio, you can find it wherever you get your podcasts. Hosted on Acast. S
The Return of the Rise and Fall of Roe v. Wade, Pt. 1
Welp, 2021 wasn't a banner year for reproductive rights, and 2022 is looking worse.That's why it's worth revisiting this episode about Roe v. Wade. In this first episode of a two-part series, the hosts look at the legal and factual origins of Roe v. Wade. They also discuss how Roe was weaponized by the conservative legal movement to rally against an interpretation of the Constitution that allows for flexibility in favor of a far more rigid approach.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhi
The Return of the Rise and Fall of Roe v. Wade, Pt. 2
In the second part of this two-episode series on abortion rights, the hosts discuss Planned Parenthood v. Casey, a 1992 case in which the Supreme Court made it easier for states to restrict abortion access so long as abortion regulations don't create an "undue burden." The vague standard set lawmakers on a new path of attacking abortion access, and fueled anti-abortion groups' efforts to spread stigma and misinformation, setting up Roe v. Wade for a death by a thousand cuts.Follow Peter (@The_La
The 5-4 Giving Guide: How to Help
We're sorry for bumming you out all year - but the antidote to a crumbling democracy is mutual aid! In this episode we've got some organizations that you can share your resources with, to help take the edge off of 2021's agony. Happy New Year! Better luck next year!Here are links to the organizations that we talk about in this episode:The Legal Aid Society of New York City - https://legalaidnyc.org/ (Peter)International Refugee Assistance Project - https://refugeerights.org/ (Michael)Texas Harm
5-4 Presents: The Politics of Everything on "the New Right"
This week, 5-4 is inviting you to check out an episode of The Politics of Everything, from The New Republic:Today’s youth are overwhelmingly left-wing. So who are the young conservatives? On this episode of The Politics of Everything, hosts Laura Marsh and Alex Pareene talk to Sam Adler-Bell, a writer and the host of the podcast Know Your Enemy, about an energetic cohort who call themselves the New Right. They differ in many ways from the median right-wing voter. They hate the Republican establi
The Warren Court: 5 Out of 5 Stars [TEASER]
On the 12th day of Christmas, the Warren Court gave to us:Loving Day on June 12th;11 December 1952 - final day of argument in Brown v. Board of Education of Topeka;Nationalization of the first ten amendments;Nine concurring justices;(8-1 in Reynolds v. Sims);Seven birth control pills a week;Sixth Amendment right to counsel;Five Miranda rights;Fourth Amendment protections;Three expansions of due process;Brown v. Board of Education II;And one man, one vote.The full version of this premium episode
Town of Greece v. Galloway
Let us now bow our heads in observance of this episode about why the Supreme Court thinks it's OK for a government to have prayer before public meetings, but NOT OK for the town to manage who gives that prayer or what they pray about. Amen.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.Learn more about how you can help get the Judiciary Act passed at https://demandjustice.org/podcast.If you're not a Patreon member, you're not hearing every episode! To
The Failed Nomination of Robert Bork [TEASER]
Robert Bork, a Regan nominee to the Supreme Court, showed the depth of his reactionary views during his confirmation hearings, and as a result, was voted down. That kicked off three decades of conservative whining and moaning and retribution, which continues to haunt us today. This is why we drink.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more
Michigan v. Environmental Protection Agency
What's the return on investment on not having an asthma attack? If you can't count it, it doesn't count, according to the majority in this 5-4 ruling, which turned back EPA rules on mercury emissions from power plants. As a result, the power industry won't be burdened by those costly regulations, so you can breathe easy. LOL.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.Learn more about how you can help get the Judiciary Act passed at https://demandj
"This Is A Captured Institution" - An Interview with Senator Sheldon Whitehouse
Senator Sheldon Whitehouse (D-RI) joins us to talk dark money, judicial nominations, and whether the Democrats have any hope of getting things done without filibuster reform.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.ERRATUM: At 17:10 Senator Whitehouse refers to a study of 78 Roberts court era decisions. He incorrectly states that 72 of the cases advance Republican and/or corporate interests. The number is 73 cases, or 92 percent.FURTHER READING:
Hamdi v. Rumsfeld
A foreign "prisoner of war" can communicate with their family. An American "traitor" can argue their case in court. An American "enemy combatant" can do neither, according to the Supreme Court, creating a third category of prisoner with very few legal rights. America immediately post-9/11 was very chill and normal.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.Learn more about Expand the Court Lobby Day at https://demandjustice.org/podcast. Hosted on
Younger v. Harris
Oof, this is a tough one: Protect the Constitutional rights of actual people, or clutch the vague concept of "federalism" in my grubby little hands like Gollum with that ring. TBH probably gonna go with my precious. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.Learn more about Expand the Court Lobby Day at https://demandjustice.org/podcast. Hosted on Acast. See acast.com/privacy for more information.
The Justices Are Getting Defensive [TEASER]
When a Supreme Court Justice tells you he's totally legitimate and not part of a secret cabal 🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
2021-2022 Supreme Court Term Preview
The 2022 Supreme Court term is shaping up to be pretty gnarly. We brought on The Nation's justice correspondent, Elie Mystal, to walk us through the cases he's watching.Patreon subscribers get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more. Jealous? Join at patreon.com/fivefourpod.Follow Elie on Twitter @elieNYC. Hosted on Acast. See acast.com/privacy for more information.
Nieves v. Bartlett
This case originates out of an incident at opposite Burning Man, a ski race in Alaska called Arctic Man. The ruling is about opposite free speech, wherein the justices vote to protect cops' First Amendment right to accidentally say the quiet part out loud when they're doing a retaliatory arrest. Patreon subscribers get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more. Jealous? Join at patreon.com/fivefourpod.Follow Peter (@The_Law_Boy), Rhi
Adoptive Couple v. Baby Girl
A treaty or law not honored by the United States? It's more likely than you think! In a rare child custody case, the Supreme Court rules on the Indian Child Welfare Act, and finds that when you squint your eyes and look at the law kinda sideways in the dark, Congress must not have meant for the law to actually keep Native families together. Land back.Listen to This Land with Rebecca Nagle, so that Rachel can get that $50. And for more about Adoptive Couple v. Baby Girl, check out this episode of
Eviction Moratorium: A Perfect Storm of Conservative Bullshit [TEASER]
Liberty and the pursuit of justice for landlords and landlords only. In this episode, the hosts talk about how the Supreme Court contorted its reading of the law to deny the Centers for Disease Control the ability to ban eviction during the pandemic.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
SB8: Whole Woman’s Health v. Jackson
In this emergency episode, the hosts discuss Whole Woman’s Health v. Jackson, the case where the Supreme Court declined to stay SB8. SB8 is the monstrous Texas law that allows anyone to sue anyone who even intends to help someone get an abortion after 6 weeks of pregnancy. The effect is that while very early term abortions are still legal in Texas, private individuals have been deputized to bounty hunt abortion providers, activists, and even Uber drivers.To help Texas women receive abortion care
Welcome to Law School
What, like it's hard? This one goes out to all those incoming, current and former Elle Woodses. You're doing amazing sweetie!Get the support of likeminded law students, lawyers, and law lovers (or haters) in our Slack community, by joining our Patreon at the $10 a month level. Patreon subscribers also get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more.Read Duncan Kennedy's "Legal Education and the Reproduction of Hierarchy" here.Follow P
Nestlé v. Doe
Is it wrong to enslave children on a cocoa plantation? We'll never know! The Supreme Court dismissed the case!Patreon subscribers get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more. Jealous? Join at patreon.com/fivefourpod.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
Stephen Breyer [TEASER]
In this episode, we spend an hour explaining why you should buy our "Stephen Breyer Retire" merch.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Americans for Prosperity v. Bonta
The First Amendment protects the rights of very rich people to be anonymous, unbothered, moisturized, in their lane, well-hydrated, flourishing, when it comes to their charitable contributions. Not you though. Signing that petition to free Mumia in 11th grade is going on your permanent record.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.To get premium Patreon-only episodes, ad-free episodes, access to exclusive events, and membership in the 5-4 Slac
Brnovich v. Democratic National Committee
In this voting rights case from Arizona, the Supreme Court says you can DO racism, you just can't MEAN to do racism, deep down in your cold little withered heart.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.To get premium Patreon-only episodes, ad-free episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Why Supreme Court Media Coverage Sucks [TEASER]
The legal media isn't doing its job. Except for us. We're killing it.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
5-4 Presents: Know Your Enemy on the 1/6 Insurrection
Feed drop alert again! This week, 5-4 is inviting you to check out an episode of Know Your Enemy. If you like what you hear, subscribe to their feed wherever you get your podcasts. 5-4 will be back with new episodes starting next week. Hosted on Acast. See acast.com/privacy for more information.
Prologue Presents FIASCO: BENGHAZI
Feed drop alert! No new episode of 5-4 this week, so instead please consider checking out the new season of FIASCO, the history podcast from Prologue Projects. This season we're tackling the Benghazi scandal, starting with the rise of Libyan dictator Muammar Gaddafi and ending with the 2016 election. The episode we're sharing today is the fourth one in the series, in which Mitt Romney's presidential campaign pounces on the Benghazi attack as a political issue before the attack itself was even ov
Cedar Point Nursery v. Hassid
You know what's exactly the same? When the government kicks you out of your house so it can build a military base, and when a union organizer gives a farm worker a pamphlet. Or at least that's what the majority of justices on the Supreme Court think, based on the ruling in Cedar Point Nursery v. Hassid.We want to know what you think about 5-4 - give us your feedback on this survey!To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our P
Textualism [TEASER]
The hosts discuss Textualism, the legal theory that the dictionary is the real law, God made the dictionary, and what legislators intended is a secondary consideration at best.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Fulton v. Philadelphia
In this emergency episode, the hosts discuss one of the spiciest cases from this term, Fulton v. Philadelphia. And you know how conservatives hate spice, so suffice it to say, this holding didn't come out great!Patreon members got this episode a week ago! To get early access to emergency episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Fulton v. Philadelphia [TEASER]
In this emergency episode, the hosts discuss one of the spiciest cases from this term, Fulton v. Philadelphia. And you know how conservatives hate spice, so suffice it to say, this holding didn't come out great!Patreon members can hear the full episode now, instead of waiting a week! To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Meet Nick Wallace
Congrats grads! Our gift to you is an interview with Nick Wallace. Nick is the former Stanford law student who was threatened with having his diploma withheld because the snowflakes in his campus' Federalist Society were triggered.Our Patreon supporters received this episode a week early. You can get early access, exclusive episodes, membership in the 5-4 Slack, and more too, if you become a member. Hosted on Acast. See acast.com/privacy for more information.
Smith v. Maryland
Warrantless police surveillance of your telephone is A-OK, according to the holding in Smith v. Maryland - as long as the cops only look at WHO you call, not WHAT you say. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
5-4 x Even More News - Abortion Rights
Peter and Rhiannon join Katy Stoll and Cody Johnston from Even More News, to talk about what the Supreme Court's decision to hear a Mississippi abortion ban case means.Follow Even More News (@somemorenews), Katy Stoll (@katystoll) and Cody Johnston (@drmistercody) on Twitter. They're on Patreon, and so is 5-4. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up at www.patreon.com/fivefourpod. Hosted on Acast. Se
Brett Kavanaugh [TEASER]
The hosts pound some brewskis with Supreme Court Justice Brett Kavanaugh.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
Wal-Mart Stores, Inc. v. Dukes
The hosts discuss a case in which the Supreme Court denied "class" status to female Wal-Mart employees in a gender discrimination class action, proving in this 5-4 decision that boys will be boys.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more info
Prologue Presents: Celebrity Book Club on Johnnie Cochran
Hey, remember JOHNNIE COCHRAN? While you wait for next week's episode of 5-4, please enjoy this special feed drop from Celebrity Book Club with Steven and Lily, a new podcast from Prologue Projects in which NYC comedians Steven Phillips-Horst and Lily Marotta take on a different celebrity memoir every week and use it as a canvas for exploring pop culture, the sick 'n' twisted lives of the rich 'n' famous, and their own lifelong friendship. The subject of this week's episode was selected with 5-4
Jones v. Mississippi
The hosts discuss the 8th Amendment and juvenile life without parole, and the tension between modern neuroscience, and the conservative impulse to maintain 200-year-old traditions of punishment.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more inform
Roe v. Wade: The Movie [TEASER]
In this first-ever 5-4 film review, the hosts have looked into the abyss and are ready to render their verdict.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
Get Us to Seven feat. Rep. Mondaire Jones
The hosts are joined by Rep. Mondaire Jones to discuss the Judiciary Act of 2021, Supreme Court reform, and the Biden Commission. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Bowles v. Russell
The hosts are joined by Josie Duffy Rice and Jay Willis of The Appeal, to discuss "Worst Supreme Court Justice of All Time" bracketology, and simple arithmetic. This week's case is Bowles v. Russell, in which the petitioner sought to have his appeal heard because a judge had miscalculated a deadline, and his lawyer had the audacity to adhere to it. The court denied the petitioner, citing "rules are rules, even when they aren't actually rules." Hosted on Acast. See acast.com/privacy for more info
The Insular Cases [TEASER]
The hosts discuss the Insular Cases, a series of holdings from 1901 that delineated the Constitutional rights afforded to citizens of US territories like Puerto Rico and the Philippines. And by "delineated" we mean "decimated."In these cases, and since these cases, the Supreme Court has repeatedly used economic justifications to create and reinforce racist policies that disadvantage and disenfranchise people who live in our country's de facto colonies. Do you love live-fire military ex
Hoffman Plastic Compounds, Inc. v. National Labor Relations Board
The hosts discuss Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (NLRB), a 5-4 decision in which the Supreme Court denied a worker back pay that he was owed after being unlawfully terminated for union organizing, citing his lack of authorization to work in the United States. The decision completely rejected the ruling of the NLRB, guidance from the Department of Justice, standing immigration law, and basic human decency.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and
5-4 x Even More News
The hosts appear on Even More News, with hosts Katy Stoll and Cody Johnston, to talk about voting rights cases at the Supreme Court, and H.R.1.Follow Even More News (@somemorenews), Katy Stoll (@katystoll) and Cody Johnston (@drmistercody) on Twitter. They're on Patreon, and so is 5-4. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up at www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Connick v. Thompson
The hosts discuss Connick v. Thompson, a 5-4 decision in which the Supreme Court holds that a conspiracy to convict an innocent man, by systematically withholding evidence that could prove his innocence, does not constitute a "pattern." Where's your dictionary now, Scalia?Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at&nbs
The Worst of the Worst: The Trump Judges [TEASER]
The hosts discuss Trump's appointees to the federal bench, and the effects that this rogue's gallery of cronies has had - and will continue to have - on the judiciary.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Toyota Motor Manufacturing, Kentucky Inc. v. Williams
The hosts discuss Toyota Motor Manufacturing v. Williams,where the Supreme Court unanimously narrowed the definition of disability under the Americans with Disabilities Act. Thanks to Erin Hawley (@geekygimp) for her help prepping this episode.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod. Ho
San Antonio ISD v. Rodriguez ft. Alec Karakatsanis
The hosts are joined by Alec Karakatsanis (@equalityAlec), founder and executive director of Civil Rights Corps, and the author of Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System. They discuss San Antonio ISD v Rodriguez, an equal protection case from 1973, which is widely cited by conservatives as holding that the equal protection clause does not protect impoverished people. The hosts beg to differ.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_Fl
Antonin Scalia [TEASER]
Here's a taste of what Patreon supporters get! In this episode, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss former Supreme Court Justice Antonin Scalia. To get the full episode, sign up for our Patreon. Hosted on Acast. See acast.com/privacy for more information.
McCleskey v. Kemp ft. Josie Duffy Rice
The hosts are joined by Josie Duffy Rice of The Appeal to discuss another death penalty case — McCleskey v. Kemp. In this 1987 decision, the Supreme Court held that statistical evidence of systemic racial disparities is not enough to prove discrimination. Instead, defendants have to show that individual prosecutors, judges or juries pursued them with racist intent. As a result, states were basically let off the hook for perpetuating systemic racism in death penalty cases.Follow Peter (@The_Law_B
Atkins v. Virginia
The hosts discuss Atkins v. Virginia, a case in which the Supreme Court held that it is unconstitutional to impose the death penalty on people with intellectual disabilities. But the Court also created a loophole by allowing states to decide the standard for who qualifies as intellectually disabled. As a result of the Court’s lack of clarity, some states have continued to execute people with intellectual disabilities to this day. Hosted on Acast. See acast.com/privacy for more information.
US v. Morrison
The hosts discuss a case in which the Supreme Court struck down a provision of the Violence Against Women Act (VAWA) that allowed women to sue abusers in federal court for damages. In the process, the Court constrained the ability of Congress to regulate interstate commerce, not only weakening an important civil rights law, but also making it more difficult for Congress to pass progressive legislation going forward.Follow eter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra)
Navarette v. California
Your hosts discuss Navarette v. California, which held that an unverified anonymous tip about reckless driving could be sufficient grounds for the police to pull over a car. The case exemplifies how deferential the Supreme Court is to police power, and has resulted in an increased reliance on anonymous tips by the cops, and a corresponding erosion of citizens’ privacy rights. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast
Morse v. Frederick
In 2002, a student held up a banner that said “Bong Hits 4 Jesus” at an Olympic torch relay, in full view of his classmates and teachers. When he was suspended, he claimed his banner was protected free speech under the First Amendment. The Supreme Court disagreed. In this episode, your hosts discuss the contours of student free speech, the Court’s puritanical moralizing on marijuana, and the importance of absurdist speech in creating real change. Hosted on Acast. See acast.com/privacy for more i
The Rise and Fall of Roe v. Wade, Pt. 2
In the second part of a two-episode series on abortion rights, the hosts discuss Planned Parenthood v. Casey, a 1992 case in which the Supreme Court made it easier for states to restrict abortion access so long as abortion regulations don’t create an “undue burden.” The vague standard set lawmakers on a new path of attacking abortion access and fueled anti-abortion groups’ efforts to spread stigma and misinformation, setting up Roe v. Wade for a death by a thousand cuts. Hosted on Acast. See aca
The Rise and Fall of Roe v. Wade, Pt. 1
The hosts take on one of the Supreme Court’s most famous decisions, Roe v. Wade. In this first episode of a two-part series, they look at the legal and factual origins of Roe v. Wade. They also discuss how Roe was weaponized by the conservative legal movement to rally against an interpretation of the Constitution that allows for flexibility in favor of a far more rigid approach. Hosted on Acast. See acast.com/privacy for more information.
5-4 x Know Your Enemy
Peter, Rhiannon, and Michael join the hosts of the podcast Know Your Enemy for a conversation about the conservative legal movement. They discuss the origins of conservative doctrines like originalism and textualism, and the rise of the Federalist Society from a small group of conservative students and academics to an organization whose members constitute the majority of the Supreme Court.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Hosted on Aca
Herrera v. Collins
The hosts take on a 1993 death penalty case that has been called one of the worst decisions in capital punishment jurisprudence. Herrera v. Collins asks whether someone on death row can have new evidence of their innocence reviewed in federal habeas corpus proceedings, often the last resort for someone who has exhausted their appeals. In a 6-to-3 vote, the Court rejected the claim, barely shying away from holding that the Constitution does not protect against an innocent person being executed.
Roman Catholic Diocese v. Cuomo
The hosts discuss Roman Catholic Diocese of Brooklyn v. Cuomo, a recent case about COVID-19-related restrictions on religious gatherings. In it, the Supreme Court struck down hard capacity caps on religious gatherings in high-risk areas. The case has already spawned more challenges to pandemic-related restrictions on religious gatherings and likely foreshadows the expansion of legal exemptions for religious groups.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra)
Ashcroft v. Iqbal
The hosts discuss Ashcroft v. Iqbal, a 2008 case in which the Court created a new pleading standard for legal complaints that made it much harder for plaintiffs to bring their cases. Here, a Pakistani immigrant who claimed he was detained and tortured in the wake of 9/11 had his case dismissed because, according to the Court, his allegations that Bush administration officials were responsible for his treatment were not “plausible.” Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon)
Arizona Free Enterprise v. Bennett
The hosts return to examining cases with a little-known campaign finance decision from 2011: Arizona Free Enterprise Club PAC v. Bennett. They discuss the Supreme Court’s ruling, which declared unconstitutional a matching funds program for political candidates who opt out of private fundraising, effectively killing public campaign financing. The hosts also talk about the Trump campaign’s ongoing efforts -- in the courts and otherwise -- to contest the results of the 2020 election, and how likely
The Courts Can’t Save Him
The hosts look back at the week-long presidential election, which Joe Biden won. They discuss the challenges mounted by the Trump campaign in various states and explain why none of them is likely to change the outcome of the election. They also reflect on some state-level initiatives and put forth their strategy for how President Biden should deal with a split Senate, especially on matters pertaining to the Supreme Court. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_Fl
Reliving Bush v. Gore
The hosts reflect on a string of cases pertaining to the coming election, discuss the legacy of Bush v. Gore, and the significance of Justice Kavanaugh recently citing Justice Rehnquist’s infamous concurrence in the case. They then replay their original analysis of the 2000 election case that put George W. Bush in the White House. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Please support our sponsors: HelixSleep.com/FiveFour Hosted on Acast. See
How to Fix the Court feat. Rep. Ro Khanna
The hosts discuss options for reforming the court — from court packing, to term limits for judges, to stripping the court of jurisdiction to hear cases pertaining to new laws. They also speak to Congressman Ro Khanna about court reform, and about the bill he has introduced to limit Supreme Court Justices' tenure. But they remain clear on their preferred option: packing the court to include more liberal justices.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on
Rucho v. Common Cause
The hosts reflect on the Amy Coney Barrett confirmation hearings, then move on to discussing gerrymandering, the practice of drawing up voting districts to favor a particular political party. Specifically, they talk about Rucho v. Common Cause, a 2019 case in which the Supreme Court not only refused to rule on two states’ gerrymandered maps, they found all partisan gerrymandering to be outside the purview of the Court going forward. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon
The Electoral College Coup Is Coming
The hosts discuss the past, present, and future of the Electoral College, and all the ways it could be used to stage a procedural coup in the upcoming election. They also talk about how the Electoral College could be restructured to give greater representation to states with large populations, like California. But if it were up to them, they’d get rid of this undemocratic institution all together, and switch to a system in which the president is chosen by popular vote. Follow Peter (@The_Law_Boy
“What if Trump Dies?” And Other Questions
The hosts discuss the recent news that Donald Trump has contracted COVID-19 and what implications it might have for the upcoming election and the Supreme Court. Then they answer listener questions, covering everything from court reform to how to decide if you should go to law school. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Please support our sponsors: BuyRaycon.com/FIVEFOUR Hosted on Acast. See acast.com/privacy for more information.
Amy Coney Barrett is a Right Wing Freak
The hosts talk about Amy Coney Barrett, who has been nominated to replace Ruth Bader Ginsburg on the Supreme Court. They discuss the nominee's judicial record, her faith, and what it means to be nominated by President Trump at this time. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
What RBG Didn't Understand
On this week's episode of 5-4, Peter, Rhiannon, and Michael are discussing the death of Ruth Bader Ginsburg. Specifically, the hosts talk about the consequences of RBG's decision not to step down from the Court during Barack Obama's presidency, what that decision tells us about her, and what lies ahead. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
LA v. Lyons
On this week’s episode of 5-4, Peter, Rhiannon, and Michael are talking about police use of chokeholds. In 1983, the Supreme Court held in City of Los Angeles v. Lyons that a man who had been injured by a brutal police chokehold did not have standing to sue for an injunction—in other words, he could not ask the Court to order the police to stop using chokeholds. The Court’s decision allowed the practice to continue, and chokeholds have been a focus of police reform efforts and protests since the
Voting Rights
On this week’s episode of 5-4, Peter, Rhiannon, and Michael are discussing the right to vote. As the 2020 presidential election draws near, the Trump campaign has already started suing states over the use of mail-in ballots. The hosts talk through the basics of election law history and explain how individual citizens' right to vote is only sort of provided for in the Constitution. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Please support our sp
Flood v. Kuhn
On this week’s episode of 5-4, Peter (@The_Law_Boy) and Rhiannon (@AywaRhiannon) are joined by their friend Adam to discuss the 1972 case that exempted professional baseball from antitrust law.Please support our sponsors:HelixRaycon Hosted on Acast. See acast.com/privacy for more information.
Nielsen v. Preap
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2019 case that denied immigrants who have committed certain crimes the right to a bond hearing, and illustrated the futility of objectively interpreting the law. Please support our sponsors: magicspoon.com/FIVEFOUR HelixSleep.com/FIVEFOUR jordanharbinger.com/subscribe Hosted on Acast. See acast.com/privacy for more information.
Boy Scouts of America v. Dale
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2000 case that allowed Boy Scouts to discriminate against gay scout leaders. Hosted on Acast. See acast.com/privacy for more information.
Milliken v. Bradley
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and special guest Leon Neyfakh (@Leoncrawl) discuss the 1974 case that effectively ended school desegregation efforts. Hosted on Acast. See acast.com/privacy for more information.
Term Recap: 2019-2020
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) look back at the most recent Supreme Court term. Hosted on Acast. See acast.com/privacy for more information.
Bennis v. Michigan
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about civil forfeiture, the practice that lets police seize private property if it’s suspected of being involved in a crime. Hosted on Acast. See acast.com/privacy for more information.
Epic Systems v. Lewis
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a decision that let employers pressure workers into signing away their rights to class action suits. Please support our sponsors: Magic SpoonSpotify Helix Hosted on Acast. See acast.com/privacy for more information.
Buckley v. Valeo
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about campaign finance in Buckley v. Valeo. The decision established that, when it comes to elections, money is speech based on the First Amendment. Hosted on Acast. See acast.com/privacy for more information.
Janus v. AFSCME
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) are joined by special guest Sam Bagenstos, professor at the University of Michigan Law School, to discuss a case that made it harder for unions to collect fees. Please support our sponsors: Raycon -- buyraycon.com/fivefourSpotify Hosted on Acast. See acast.com/privacy for more information.
Qualified Immunity
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) examine the doctrine of qualified immunity, which protects police and other officials from being sued for civil rights and other abuses. Please support our sponsors: Raycon -- buyraycon.com/fivefourHelix -- helixsleep.com/fivefour Hosted on Acast. See acast.com/privacy for more information.
Exxon Shipping v. Baker
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a decision that limited damages in the case of the Exxon Valdez oil spill, one of the worst environmental disasters in US history. The ruling also capped damages that can be sought in all maritime law cases. Please support our sponsor: Raycon -- buyraycon.com/fivefour Hosted on Acast. See acast.com/privacy for more information.
Bostock v. Clayton County, Georgia
On this week’s bonus episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the Court’s surprise decision affirming that the Civil Rights Act prevents employers from discriminating against people on the basis of their gender identity or sexual orientation. The hosts pay special attention to Justice Alito’s special dissent. Hosted on Acast. See acast.com/privacy for more information.
Hernandez v. Mesa
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about a case involving a Border Patrol agent who shot a teenager across the U.S.-Mexico border. The hosts are joined by Steven Vladeck, who argued the case before the Supreme Court on behalf of the victim’s family. Hosted on Acast. See acast.com/privacy for more information.
Burwell v. Hobby Lobby
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the religious freedoms enjoyed by corporations. Hosted on Acast. See acast.com/privacy for more information.
Buck v. Bell
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) go back to a 1927 case that gave rise to eugenics programs throughout the US.Please support our sponsors: Blinkist Hosted on Acast. See acast.com/privacy for more information.
Tison v. Arizona
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a 1987 case on felony murder, and whether it’s eligible for the death penalty. Hosted on Acast. See acast.com/privacy for more information.
Clapper v. Amnesty International
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a 2013 case that tested the National Security Administration's ability to conduct surveillance on Americans without probable cause. Hosted on Acast. See acast.com/privacy for more information.
The Biden Court
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss what’s at stake for the Supreme Court in the 2020 election, and what the Court might look like under Joe Biden. Please support our sponsors: Roman -- GetRoman.com/fivefour Hosted on Acast. See acast.com/privacy for more information.
DC v. Heller
On the eleventh episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss the 2008 ruling that granted individuals the right to own guns, breaking with more than a century of precedent. Hosted on Acast. See acast.com/privacy for more information.
Kelo v. New London
On the tenth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) take aim at the liberals on the Court who ruled that the government can seize people’s land and hand it over to private developers. Hosted on Acast. See acast.com/privacy for more information.
Castle Rock v. Gonzales
On the ninth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about a domestic violence case in Colorado that led to the death of three children and a Supreme Court ruling that affirmed a broad vision of police discretion. Hosted on Acast. See acast.com/privacy for more information.
Emergency Episode: RNC v. DNC
On a special episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the Supreme Court’s decision to block the state of Wisconsin from accepting late absentee ballots in the midst of the COVID-19 pandemic. Hosted on Acast. See acast.com/privacy for more information.
Trump v. Hawaii
On the seventh episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2018 travel ban case, which tested the Supreme Court’s willingness to serve as a check on Donald Trump. Hosted on Acast. See acast.com/privacy for more information.
NFIB v. Sebelius
On the sixth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) take on the Obamacare ruling in 2012, which isn’t as great as ACA fans might think. Hosted on Acast. See acast.com/privacy for more information.
Terry v. Ohio
On the fifth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 1968 ruling by the Warren Court that that paved the way for stop-and-frisk laws around the country. Hosted on Acast. See acast.com/privacy for more information.
Shelby County v. Holder
On the fourth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2013 ruling by the Roberts Court that defanged a key component of the Voting Rights Act. Hosted on Acast. See acast.com/privacy for more information.
Fisher v. University of Texas
On the third episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the affirmative action case that flipped the Equal Protection Clause on its head. Hosted on Acast. See acast.com/privacy for more information.
Citizens United v. FEC
On the second episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra), talk about the 2010 ruling that used the First Amendment as a basis for unleashing corporate spending in politics. Hosted on Acast. See acast.com/privacy for more information.
Bush v. Gore
The debut episode of 5-4, presented by Leon Neyfakh (@leoncrawl) and hosted by Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra), focuses on the ruling that ended the 2000 Florida recount and put George W. Bush in the White House. Hosted on Acast. See acast.com/privacy for more information.
Official Trailer: 5-4
At a moment when the U.S. Supreme Court's influence on American life has never been more obvious, 5-4 offers an irreverent take on the high court's past. Each episode focuses on a pivotal, historical case in which the justices screwed up in some way. 5-4 balances humor with analysis as legal commentators Peter, Rhiannon, and Michael dissect the legal reasoning and practical outcomes of the Court's most questionable and misguided decisions. Slow Burn co-creator Leon Neyfakh narrates the facts and