5-4 Premium

The People v. MrBeast [SUBSCRIBER-ONLY]

Tue, 19 May 2026 08:00:00 GMT

We made 3 legal podcasters watch Mr. Beast and now they think he’s the antichrist.

Thank you to our subscribers.

5-4 is presented by Prologue Projects. This episode was produced by Alli Rodgers. Leon Neyfakh provides editorial support. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Transcriptions of each episode are available at fivefourpod.com

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Louisiana v. Callais (AD-FREE)

Thu, 07 May 2026 08:00:00 GMT

The end of the Voting Rights Act, brought to you by the Supreme Court.

Thank you to our subscribers.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Brecht v. Abrahamson (AD-FREE)

Tue, 05 May 2026 08:00:00 GMT

You have the right to remain silent. Unless you are a gay ex-con from Wisconsin. Then you’re a Bad Boy™.

Thank you to our subscribers.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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The Tea: Leaks, Gossip, and More Supreme Court Drama (AD-FREE)

Tue, 28 Apr 2026 08:00:00 GMT

Peter, Rhiannon, and Michael talk about the memos leaked to the New York Times, Sotomayor v. Kavanaugh, and the potential Supreme Court vibe shift.

Remember, you can always leak to 5-4!

Thank you to our subscribers.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Birthrights and Birthwrongs [SUBSCRIBER-ONLY]

Tue, 21 Apr 2026 08:00:00 GMT

Peter and Rhiannon revisit the oral arguments in Trump v. Barbara, aka the birthright citizenship case.

Thank you to our subscribers.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Chiles v. Salazar (AD-FREE)

Tue, 14 Apr 2026 08:00:00 GMT

It’s your therapist’s sacred First Amendment right to give you medically discredited advice.

Thank you to our subscribers.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Hudson v. Michigan (AD-FREE)

Tue, 07 Apr 2026 08:00:00 GMT

If we live in a multiverse, are your constitutional rights ever truly violated??

Thank you to our subscribers.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Dames & Moore v. Regan (AD-FREE)

Tue, 24 Mar 2026 08:00:00 GMT

A 1981 case about how the president doesn’t really have to follow the text of the law if Congress already let them ignore it. Oh yeah, and Iran is involved.

Thank you to our beautiful subscribers who ignore the text of laws for noble reasons.

5-4 is presented by Prologue Projects. This episode was produced by Andrew Parsons. Leon Neyfakh provides editorial support. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Transcriptions of each episode are available at fivefourpod.com

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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No War Is Illegal (When They All Are) [SUBSCRIBER-ONLY]

Tue, 17 Mar 2026 08:00:00 GMT

As President Trump leads the U.S. into his very own middle eastern war, now may be a good time to ask: what part of the government actually has the power to declare war? And why does this theoretically limited power get used…constantly? Countries around the world would love to know.

Thank you to our subscribers.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Learning Resources Inc. v. Trump

Tue, 10 Mar 2026 08:00:00 GMT

Is the Supreme Court’s decision on tariffs a declaration of independence?? Only three columnists at the New York Times can say.

Thank you to our beautiful subscribers. CBP probably owes you $20.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Immigration Law in 2026: Fighting the Cruelty Machine

Tue, 03 Mar 2026 09:00:00 GMT

This week, Rhiannon and Michael talk to two immigration lawyers about what it’s like to practice under the second Trump administration, the unprecedented uncertainty their clients face, why habeas petitions are taking off, the freaks who become ICE lawyers and ICE judges, and why there’s actually…reasons to hope??

Thank you to our beautiful subscribers who would never become ICE judges.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Meet Your Attorney General, Pam Bondi [SUBSCRIBER-ONLY]

Tue, 24 Feb 2026 09:00:00 GMT

Was she assembled in a lab by the Heritage Foundation? Summoned from beyond the veil by a MAGA demonologist? Or is she simply an emergent feature of Florida’s political swamp? Learn the history of your very angry Attorney General, Pam Bondi.

Thank you to our beautiful subscribers who would never steal a dog from a child.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Pulsifer v. United States

Tue, 17 Feb 2026 09:00:00 GMT

What does “and” REALLY mean?

Thank you to our beautiful AND amazing subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Immigration and Naturalization Service v. Delgado

Tue, 10 Feb 2026 09:00:00 GMT

The fourth amendment protects against unlawful searches and seizures…unless, of course, the search is just a friendly survey from your local armed immigration officer!

Thank you to our beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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2026 Mailbag: Is Any Of This Legal? [SUBSCRIBER-ONLY]

Tue, 03 Feb 2026 09:00:00 GMT

5-4 answers your questions about whether ICE agents can be prosecuted, why it’s worth knowing your rights, if the president can cancel the midterms and…whether there’s revolutionary potential in tax evasion. As always, this is not legal advice™.

Thanks for all of your questions, and for being a Premium member!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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The Rise and Fall of the Voting Rights Act, Part II

Tue, 27 Jan 2026 09:00:00 GMT

How the Voting Rights Act of 1965 was dismantled.

Thank you to our wonderful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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The Rise and Fall of the Voting Rights Act, Part I

Tue, 20 Jan 2026 09:00:00 GMT

The history of why we needed (and still need) the Voting Rights Act of 1965.

Thank you to our wonderful subscribers who vote for 5-4 with your dollars, which may be the only voting you'll be able to do in the near future.

5-4 is presented by Prologue Projects. This episode was produced by Andrew Parsons with help from Alli Rodgers and Zachary Clary. Leon Neyfakh provides editorial support. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Transcriptions of each episode are available at fivefourpod.com

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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The 2025 5-4 Giving Guide: Don’t Let the Fascists Keep You Down

Tue, 23 Dec 2025 09:00:00 GMT

https://immigrationequality.org/

bit.ly/donatepym2025

https://www.palestinianyouthmovement.com/

https://brigidalliance.org/donate-in-2025/

https://trees.org/

https://chuffed.org/project/158294-for-those-who-have-no-one-to-campaign-for-them

https://1804books.com/products/witness-to-the-hellfire-of-genocide

https://www.iwrising.org/donate

https://give.foodbanknyc.org/

tinyurl.com/freeleqaafund

https://wandaalstonfoundation.org/

Thank you to our premium members who know the importance of giving all throughout the year.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Movie Review: Average Joe [SUBSCRIBER-ONLY]

Tue, 16 Dec 2025 09:00:00 GMT

A movie about a dipshit who prays his way to the Supreme Court. It’s worse than you imagine.

Thank you to our wonderful subscribers who no longer have to watch this garbage movie.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Trump v. Orr

Tue, 09 Dec 2025 09:00:00 GMT

Trans erasure. Anti-intellectualism. Culture war. Moral panic. These are a few of the Supreme Court’s favorite things!

Thank you to our wonderful subscribers. Your support makes this podcast possible. 5-4 is presented by Prologue Projects. This episode was produced by Andrew Parsons. Leon Neyfakh provides editorial support. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Transcriptions of each episode are available at fivefourpod.com

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Fire at Will: Trump’s Illegal War in the Caribbean [SUBSCRIBER-ONLY]

Tue, 25 Nov 2025 09:00:00 GMT

These days, three degrees of separation from a drug dealer is all it takes to get you drone struck by the U.S. government in Venezuela. And look, maybe these extrajudicial killings aren’t exactly legal, but the bigger problem for all you sissy justice lovers out there is that this administration doesn’t care about the law.

Thank you to our wonderful subscribers who, unfortunately, are at least three degrees of separation from a drug dealer. Watch out.

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh provides editorial support. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Transcriptions of each episode are available at fivefourpod.com

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Department of Homeland Security v. Thuraissigiam

Tue, 18 Nov 2025 09:00:00 GMT

*** An earlier version of this episode incorrectly referred to the asylum officers who conduct credible fear interviews as border patrol agents. ***

If the government is acting all authoritarian-y, detaining you in violation of your rights, there’s a basic assumption in the Constitution that you can use “The Great Writ” of habeas corpus to challenge that unlawful behavior. But Samuel Alito would like to remind you what happens when you ASS U ME. Something something immigrants, something something you’re wrong. So yeah, Constitution HUMILIATED.

Thank you to our wonderful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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“What’s at Stake is Everything”: The Last Columbia Protester in ICE Detention

Tue, 11 Nov 2025 09:00:00 GMT

You've heard about all the Supreme Court cases about how immigration law is different, about how ICE's powers are different, about how the Trump administration can do whatever it wants…on this episode, Rhiannon talks to Leqaa Kordia's lawyers about what all this means for a Palestinian woman in ICE detention right now. The good news is: our liberation is interconnected, and we can fight the good fight.

Thank you so much to you, our wonderful subscribers!

Sign the Free Leqaa Petition: Free Leqaa Campaign

Follow the Free Leqaa Campaign on Instagram: https://www.instagram.com/freeleqaakordia/

Hear Leqaa in her own words: https://podcasts.apple.com/us/podcast/detained-the-last-columbia-protester/id207505466?i=1000735106793

New Yorker article: https://www.newyorker.com/news/the-lede/the-last-columbia-protester-in-ice-detention

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Garcetti v. Ceballos

Tue, 04 Nov 2025 09:00:00 GMT

The Supreme Court tramples upon your most sacred right: the right to complain about your co-workers.

Thank you to our wonderful subscribers! We love you, always <3

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Panic! In The Federal Judiciary [SUBSCRIBER-ONLY]

Tue, 28 Oct 2025 08:00:00 GMT

You know things are really bad when federal judges–historically an extremely reticent group–are sounding the alarm about the chaos and confusion the Supreme Court is reaping these days. Never fear, Amy Coney Barrett is here to remind all of us that everything is fine, because the shadow docket is not a big deal, originalism is fun and interesting, and she's a real human mother.

Thank you to our beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Immigration and Naturalization Service v. Lopez-Mendoza

Tue, 21 Oct 2025 08:00:00 GMT

I think we can all agree that the Constitution guarantees every individual certain unalienable rights–oh wait, sorry, getting a call. Right. Sorry. Okay. Yea. Got it. Hey, so I think we can all agree that immigration law is different from other laws, and the Constitution doesn’t really apply there.

Thank you to our wonderful subscribers. Our love for you will always apply here.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Department of State v. AIDS Vaccine Advocacy Coalition

Tue, 14 Oct 2025 08:00:00 GMT

Feels like we should be able to collectively wrestle with the problems of a system by which 14 million people will die in the next five years because one man can decide to withhold a bunch of money that Congress said needed to be spent, but unfortunately, because of the law, and what the law says, no one can sue about it. Good luck with figuring this one out.

Thank you to our beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Free Speech, Chilled to Perfection [SUBSCRIBER-ONLY]

Tue, 07 Oct 2025 08:00:00 GMT

Do you ever feel…like a plastic bag, drifting through the wind, wanting to start again? That’s understandable because battles over free speech and the First Amendment are raging right now, whether on the internet, on TV, in the workplace, or in the streets. But baby, you’re a firework. And the Trump administration can’t take that from you.

Thank you to our subscribers. We hope we show you what we're worth and make you go, "oh, oh, oh."

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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2025-2026 Supreme Court Term Preview

Tue, 23 Sep 2025 08:00:00 GMT

You are getting very sleepy…you are getting very sleepy…HEY! Wake up. It may look like the slate of cases for this Supreme Court term doesn't have many fundamental constitutional rights hanging in the balance, but don’t be lulled into thinking any of this is low stakes. Voting rights, trans people in sports, the death penalty—they’re still on that legal fascism grind, down to every little gear and lever.

Thank YOU, beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Noem v. Vasquez Perdomo

Tue, 16 Sep 2025 08:00:00 GMT

Papers, please. The hallmark of fascist states of eras past and your favorite movie about authoritarianism is now also the official policy of the United States, with the Supreme Court’s blessing. But don’t worry, you (probably) won’t be stopped, unless you kinda look Hispanic or shop at Home Depot! I feel safer already.

Thank you to our beautiful, wonderful subscribers! Stay safe out there.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Welcome to Law School 2025

Tue, 09 Sep 2025 08:00:00 GMT

Kudos to everyone who is starting law school in this economy and during an authoritarian regime. In this annual episode, Peter, Rhiannon, and Michael share their wisdom on how to survive law school.

Thank YOU, subscribers! You keep us going in more ways than you know.

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.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Step Your Pussy Up Under Fascism [SUBSCRIBER-ONLY]

Tue, 02 Sep 2025 08:00:00 GMT

It's okay to be scared. It's hard not to succumb to the nihilism of the second Trump administration. But that is precisely what he and his administration want you to do. Please don't fall for it. Instead, own your power, make them fear you, and for God's sake, STEP YOUR PUSSY UP!

We appreciate our subscribers! Your support is crucial for the continuation of this group therapy.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Medina v. Planned Parenthood South Atlantic

Tue, 26 Aug 2025 08:00:00 GMT

Federal law says that Medicaid recipients have the right to choose their healthcare provider. One problem, though–what if a Medicaid recipient chooses to go to Planned Parenthood to get healthcare? In that case, federal law doesn’t really say what it means. Federal law is silly like that sometimes!

Thank you to our beautiful, wonderful, and can't say enough good things about you, subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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McMahon v. New York

Tue, 12 Aug 2025 08:00:00 GMT

Don't be sad, little Johnny, Trump just took the Department of Education to live on a big farm with so much space to run around and play in, and all the treats the Department of Education could ever dream of. The Department of Education will miss you, too, Johnny, but we promise she's so much happier now.

Thank you to our beautiful and educated subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Trump Brings the War Home [SUBSCRIBER-ONLY]

Tue, 05 Aug 2025 08:00:00 GMT

California has become a testing ground for Trump's police state ambitions. In Los Angeles and across the country, he’s merging the military and the police into one entity, with its guns aimed inward.

Thank you for being one of our beautiful, talented subscribers.

“Experts Question the Legality of Deploying National Guard Officers as Immigration Judges”

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Free Speech Coalition, Inc. v. Paxton

Tue, 29 Jul 2025 08:00:00 GMT

Please have your driver's license, social security card, or any other highly personal private information ready to share if you wish to rub one out to online porn.

Thank you to our subscribers! We don't judge your online viewing habits.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Mahmoud v. Taylor

Tue, 22 Jul 2025 08:00:00 GMT

Because the conservatives on the Supreme Court are lowkey homophobic, they have made it easier for parents of kids in public schools to opt out of topics that make them uncomfortable. LGBTQ books, no thank you— evolution, not for my kids.

Thank you for being a subscriber and for being open-minded, unlike certain justices.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Portrait of a John Roberts on Fire [SUBSCRIBER-ONLY]

Tue, 15 Jul 2025 08:00:00 GMT

These “boys” and in some cases “gals” keep proving us right! The 2024-2025 Supreme Court term was a beautiful illustration of this podcast’s entire thesis: this is an institution untethered by law, beholden only to right-wing ideology, and led by a real dipshit Chief Justice.

Thank you to our beautiful, wonderful subscribers! We LOVE you!

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.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Trump v. CASA, Inc.

Tue, 08 Jul 2025 08:00:00 GMT

CTRL+F for “birthright citizenship” in this majority opinion, and you only get two hits. That’s because Amy Coney Barrett spends thousands of words telling you that the President's evisceration of birthright citizenship from the Constitution isn’t really about birthright citizenship, it’s about nationwide injunctions.

Thank you to our wonderful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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United States v. Skrmetti

Tue, 01 Jul 2025 08:00:00 GMT

The Supreme Court has made life more difficult for trans children, who are already among the most marginalized groups in the country.

Thank you to our wonderful subscribers!

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh provides 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. Transcriptions of each episode are available at fivefourpod.com

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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The DOGE Cases

Tue, 17 Jun 2025 08:00:00 GMT

The Supreme Court allowed the 20-somethings at DOGE to access your Social Security information. What's the worst that could happen?

Thank you to our beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Trump v. Wilcox

Tue, 10 Jun 2025 08:00:00 GMT

The Supreme Court just made it easier for Trump to fire heads of independent federal agencies. Unitary executive theory, anyone?

Thank you for being a subscriber! You are special, you are loved.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Copaganda with Alec Karakatsanis [SUBSCRIBER-ONLY]

Tue, 03 Jun 2025 08:00:00 GMT

Crime rates are at historic lows, yet year after year, people say that they feel unsafe and believe crime is rising. You can thank the news media with help from corporations and law enforcement narratives. We speak with civil rights lawyer Alec Karakatsanis about his new book, Copaganda: How Police and the Media Manipulate Our News.

Thank you to our wonderful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Jones v. North Carolina Prisoners' Labor Union

Tue, 27 May 2025 08:00:00 GMT

If the Supreme Court can take away constitutional rights from one minority group, it can do it to any of us. Yes, even podcasters.

Thank you to our beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

No Due Process, Yes Jumbo Plane [SUBSCRIBER-ONLY]

Tue, 20 May 2025 08:00:00 GMT

Since taking office, Trump has moved quickly to implement his authoritarian agenda. Now, he is asking the Supreme Court to limit the judicial branch by preventing individual judges from blocking his orders.

Thank you for subscribing and being one of our most loved and cherished humans!

More on Trump's big beautiful plane - https://www.cnn.com/2025/05/19/politics/trump-adminstration-approached-qatar-jet

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Hazelwood School District v. Kuhlmeier

Tue, 06 May 2025 08:00:00 GMT

The Supreme Court has been stripping away students' free speech rights for decades. They don't want you to think for yourself or speak your mind. You might end up making podcasts like this.

Thank you to our wonderful subscribers! It's only with your support that we can remind you about the impending repression of free thinking in our educational systems.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

United States v. Zubaydah

Tue, 29 Apr 2025 08:00:00 GMT

Following the 9/11 attacks, both liberal and conservative justices contributed to the rise of some authoritarian powers that the Trump administration is now wielding today.

ERRATA: Henry Blodget is no longer the CEO of Business Insider.

Thank you to our true friends and most loyal followers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Movie Review: The Firm [SUBSCRIBER-ONLY]

Tue, 22 Apr 2025 08:00:00 GMT

The Firm, the legal thriller starring Tom Cruise, shows us that big law is sometimes worse than the literal mob.

Thank you to our wonderful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Trump v. J.G.G.

Tue, 15 Apr 2025 08:00:00 GMT

The Supreme Court under Trump 2.0 is engaging in their favorite pastime: finding convoluted procedural reasons to rule in his favor.

Thank you to our beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Department of State v. Muñoz

Tue, 08 Apr 2025 08:00:00 GMT

Finally, the Supreme Court gets to live its dream: being xenophobic and homophobic at the same time.

Thank you to all of you beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Authoritarian Creep(s) [SUBSCRIBER-ONLY]

Tue, 01 Apr 2025 08:00:00 GMT

The Trump administration has moved at breakneck speed to suppress free speech, mass deport hundreds of individuals without due process, and target judges who dare cross him – moves straight out of an authoritarian playbook.

Thank you to our subscribers! It's nice to have friends with us as we barrel towards authoritarianism.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Mobile v. Bolden

Tue, 25 Mar 2025 08:00:00 GMT

While a law may have discriminatory or racist effects—such as diluting the Black vote in a city and rendering those votes essentially meaningless—this does not necessarily mean it was created with malicious intentions. The Supreme Court says that we should assume good faith and not presume that some laws are enacted with racist motives... Sure...

Thank you to our beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

San Francisco v. EPA

Tue, 18 Mar 2025 08:00:00 GMT

How much poop is in our water? The Supreme Court says “not enough.”

Thank you to our subscribers! We can only bring you the most up-to-date poop-related legal news with your support.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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The Powell Memo [SUBSCRIBER-ONLY]

Tue, 11 Mar 2025 08:00:00 GMT

Before he was ever a Supreme Court justice, Lewis Powell was an enterprising corporate attorney representing tobacco companies and calling on CEO’s to get off their asses and flood American politics with money.

Thank you to our subscribers! Because of your support, we can continue to dissect and analyze conservative legal battle plans. Keep your friends close but your enemies closer...

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

McCutcheon v. FEC

Tue, 25 Feb 2025 09:00:00 GMT

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.

Thank you, wonderful subscribers! We do it all for you! <3

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 BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

NIFLA v. Becerra

Tue, 18 Feb 2025 09:00:00 GMT

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.

Thank you to our beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Trump’s Opening Salvo

Tue, 11 Feb 2025 09:00:00 GMT

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?

Thank you to our wonderful subscribers. Your support will continue to help us dissect and analyze upcoming Supreme Court cases in the Trump 2.0 era.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

Your Trump 2.0 Questions, Answered [SUBSCRIBER-ONLY]

Tue, 04 Feb 2025 09:00:00 GMT

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.

Thank you to our beautiful subscribers!

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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TikTok v. Garland

Tue, 28 Jan 2025 09:00:00 GMT

The Supreme Court says that you don’t have a constitutional right to post short form videos of cute cats. Is it time for a revolution?

Thanks for being a subscriber! We love you and have an exclusive subscriber-only episode coming next week.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

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Murphy v. NCAA

Tue, 21 Jan 2025 09:00:00 GMT

You may have noticed that sports betting apps have taken over the world in just a few short years. Blame the Supreme Court.

Thank you to our subscribers. Because of you, we can point out how the Supreme Court wings it sometimes, and we all have to live with those consequences.

You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.

Hosted on Acast. See acast.com/privacy for more information.

5-4 x Know Your Enemy: Trump 2.0 and the Courts

Tue, 14 Jan 2025 09:00:00 GMT

Thank you to our subscribers!

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 and outgoing President Biden's successes and failures in the courts.

You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

The 2024 5-4 Giving Guide

Tue, 24 Dec 2024 09:00:46 GMT

Thank you to our subscribers! We know you are loaded, so please consider donating to these lovely organizations. Only through your support can we continue to confront American imperialism in the new year.

https://vocal-tx.org

shutitdown4palestine.org/fundraiser

https://www.detentionwatchnetwork.org

https://www.hechoonline.org

https://runforsomething.net

https://www.marinemammalcenter.org

https://debtcollective.org

https://www.pcrf.net/

https://www.tahirih.org/

https://www.assignedmedia.org/

5-4 is presented by Prologue Projects. Dustin DeSoto 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 Peter song is by Spatial Relations.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Holiday Extravaganza: Drake, TikTok, and the Clean Girls [SUBSCRIBER-ONLY]

Tue, 17 Dec 2024 09:00:10 GMT

Thank you for being a subscriber! Please sit back, relax, and enjoy this premium episode, in which we discuss some of this year's hottest legal battles in pop culture. We talk rap beef, "clean girl" influencer drama, and the potential TikTok ban.

Here is a link to The Verge influencer lawsuit story by Mia Sato Bad influence

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. 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 and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Illinois v. Wardlow

Tue, 10 Dec 2024 09:00:54 GMT

Thank you to all our subscribers! Because of you, we can continue to inform the public about how untouchable the police are in the eyes of the courts.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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United States v. 95 Barrels of Vinegar

Tue, 03 Dec 2024 09:00:00 GMT

Thank you for being a subscriber! We know you don't drink raw milk and eat dolphins—if you do, please stop.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Small Dick Durbin Energy [SUBSCRIBERS-ONLY]

Tue, 26 Nov 2024 09:00:09 GMT

This is a subscribers-only episode about how the Democrats, under the leadership of Senator Dick Durbin, came up short on judicial appointments and failed to hold Republicans and specific Supreme Court Justices accountable.

We are thankful to all our subscribers. Only with your support can we highlight members of Congress for their failures to fight against fascism.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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First as Farce, Then as Tragedy

Tue, 12 Nov 2024 09:00:39 GMT

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.

Thank you to all our subscribers. Now more than ever, we are going to need community.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Movie Review: My Cousin Vinny [SUBSCRIBER-ONLY]

Tue, 05 Nov 2024 09:00:44 GMT

Thank you to all of our subscribers — it's only through your support that 5-4 can review feel-good 90s movies and tell you how much the Supreme Court sucks.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Elon Musk’s War on Workers

Tue, 29 Oct 2024 08:04:27 GMT

How America’s ugliest titans of industry are plotting to destroy labor rights in the courts.

Thank you for being a 5-4 subscriber, and showing support for our labor by giving us the money you've earned through your labor.

5-4 is presented by Prologue Projects. This episode was produced by Madeline Kaplan. Leon Neyfakh and Andrew Parsons provide editorial support. 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 and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

The Coming Battle Over Reproductive Rights

Tue, 22 Oct 2024 08:00:00 GMT

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*

Thank you to all of our subscribers — only through your support can 5-4 casually and thoughtfully warn people about their rights being taken away.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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The Year Ahead for Trans Rights (SUBSCRIBER-ONLY)

Tue, 15 Oct 2024 08:00:00 GMT

Thank you to all of our subscribers — it's only through your support that 5-4 can continue to occasionally denounce listeners who disappoint us.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Mackenzie v. Hare

Tue, 08 Oct 2024 08:00:23 GMT

Think you're an American citizen just because you're born here? Think again.

Thanks for being a subscriber! We love you and have an exclusive subscriber-only episode coming next week.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

2024-2025 Supreme Court Term Preview

Tue, 01 Oct 2024 08:00:41 GMT

Thank you to all of our subscribers — it's only through your support that 5-4 can look ahead to another glorious of horrible Supreme Court decisions.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Donations for the Middle East Children’s Alliance and the people of Gaza here - shutitdown4palestine.org/fundraiser

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The Roberts One-Step (SUBSCRIBER-ONLY)

Tue, 24 Sep 2024 08:00:37 GMT

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.

Thank you to all of our subscribers — it's only through your support that 5-4 has survived long enough to see the Supreme Court get this far behind Donald Trump.

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 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 and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Securities and Exchange Commission v. Jarkesy

Tue, 17 Sep 2024 07:45:23 GMT

Thank you for supporting 5-4 and being a subscriber, we love you! It should be a white collar crime....

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 and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

United States vs. Stanley

Tue, 10 Sep 2024 12:57:10 GMT

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...

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Welcome to Law School 2024

Tue, 03 Sep 2024 08:00:35 GMT

You've heard about the law on 5-4 — what if you went to a school about it? In this annual episode — a goodbye to summer, a hello to your personal fall — let Peter, Rhiannon, and Michael tell you what you need to know if you're sticking your foot in the old meat grinder.

Thank you to all of our subscribers, even those of you who went to law school.

5-4 is presented by Prologue Projects. This episode was produced by Rachel Ward. 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 and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Biden, Harris, and the Future of Court Reform (SUBSCRIBER-ONLY)

Tue, 27 Aug 2024 05:57:29 GMT

This is a subscriber-only episode about Biden's proposals for reforming the Supreme Court... will the hosts of 5-4 say "we do"?

Thank you to all of our subscribers — it's only through your support that 5-4 has survived long enough to see the White House propose Supreme Court term limits.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Fischer v. United States

Tue, 20 Aug 2024 05:06:44 GMT

Did the January 6th riot "obstruct an official proceeding"? That depends on how you interpret that very straightforward and unambiguous phrase.

Thanks for being a subscriber! We love you and have an exclusive subscriber-only episode coming next week.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Grants Pass v. Johnson

Tue, 13 Aug 2024 05:48:43 GMT

It's not about BEING homeless, it's about doing something that's homeless.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Loper Bright Enterprises v. Raimondo

Tue, 30 Jul 2024 08:00:45 GMT

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!

Thanks for being a Premium subscriber, and for those of you who came out to our live shows - y'all are buck wild. We had a great time - thank you!

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 song is by Spatial Relations.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Snyder v. United States

Tue, 16 Jul 2024 08:00:12 GMT

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.

Thank you so much for being a Premium subscriber! This episode is a token of our gratitude *wink wink*

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

United States v. Rahimi

Tue, 09 Jul 2024 08:01:49 GMT

This case includes descriptions of domestic violence. Please take care while listening.

Subscribers, you're the best! We hope your AC never goes out and your fridge is always full of popsicles!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Trump v. United States

Tue, 02 Jul 2024 22:24:25 GMT

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."

We could not put up with this shit without our Premium subscribers - you guys mean the world to us

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Garland v. Cargill

Tue, 25 Jun 2024 08:00:41 GMT

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.

All three of our live shows are sold out! Thank you so much for the support - we can't wait to see our beloved Premium subscribers in person!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Alexander v. South Carolina NAACP

Tue, 18 Jun 2024 08:00:08 GMT

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/604614

To buy tickets for our NYC show head here:

https://www.eventbrite.com/e/5-4-live-tickets-912709608007

Premium subscribers, thanks for selling out our first NYC show so quickly - we can't wait to see you!!!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

"The Constitutions Includes Everybody" Live at Harvard Law School

Tue, 11 Jun 2024 08:00:01 GMT

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.

Premium subscribers! We love ya so much we wanted to give you an extra episode instead of taking the week off. You're the best!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Justice Alito's Red Flags

Tue, 04 Jun 2024 08:00:48 GMT

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!

Premium subscribers: Each of you individually by name was running through our heads the entire time we recorded this episode.

If you haven't gotten tickets for our second NYC show on Tuesday July 16, as of publish, there are still a few left. Nab 'em here:

https://www.eventbrite.com/e/5-4-live-tickets-912709608007

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Arizona v. Navajo Nation

Tue, 28 May 2024 08:00:21 GMT

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.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

Maryland v. King

Tue, 21 May 2024 08:00:56 GMT

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.

Thanks for being a 5-4 Premium subscriber! You guys are tip top!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

Hosted on Acast. See acast.com/privacy for more information.

The 2024 Mailbag Episode

Tue, 14 May 2024 08:00:37 GMT

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."

Thanks for all of your questions, and for being a Premium member!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Free Rhiannon! Campus Protests and the First Amendment

Tue, 07 May 2024 08:00:47 GMT

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

Thanks for being a 5-4 Premium subscriber!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Hans v. Louisiana

Tue, 30 Apr 2024 08:00:27 GMT

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.

Thanks for being a 5-4 Premium subscriber! You'll always have standing in our hearts! (This case isn't really about standing but this text isn't written by a lawyer and that's the best I've got.)

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Retire, Sonia

Tue, 23 Apr 2024 08:00:16 GMT

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.

Thanks to our Premium subscribers! You guys can keep working as long as you want, it's fine by us!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Holder v. Humanitarian Law Project

Tue, 16 Apr 2024 08:00:00 GMT

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.

Thanks for having our backs, Premium subscribers! We couldn't do this without you!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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The (Constitutional) Crisis at the Border

Tue, 02 Apr 2024 08:36:27 GMT

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."

Premium subscribers, you mean the world to us. Thanks for your support!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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United States v. Jones

Tue, 26 Mar 2024 08:00:00 GMT

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.

5-4 Premium subscribers light up our lives. Thank you so much for supporting us!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Illinois v. Caballes

Tue, 19 Mar 2024 08:00:26 GMT

This is the story of a man with the worst luck in the whole world, and how Jay-Z called the whole thing.

We're the luckiest podcast in the world to have you as a Premium subscriber. Thank you!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Trump v. Anderson

Thu, 07 Mar 2024 08:55:58 GMT

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.

Thanks for being a 5-4 Premium member. Unlike Peter, could never replace you with Jay!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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How to Teach Constitutional Law

Tue, 05 Mar 2024 09:00:00 GMT

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.

Thanks for being a 5-4 Premium subscriber!

5-4 is presented by Prologue Projects. Benjamin Frisch is our producer for this episode. 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 and Rhiannon @AywaRhiannon.

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Nixon v. Fitzgerald

Tue, 27 Feb 2024 09:00:44 GMT

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!

You know what we're not immune from? LOVING YOU! Thank you for subscribing to 5-4 Premium, it means the world to us.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Maryland v. Shatzer

Tue, 20 Feb 2024 09:00:40 GMT

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.

Thanks for subscribing to 5-4. Next time we're being held for a Constitution-bending amount of time, we'll be thinking about how grateful we are for you!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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The Federalist Society, part 4: How to Fight Back

Tue, 13 Feb 2024 09:00:48 GMT

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.

Thank you so much for supporting 5-4 with your Premium subscription. You make work like this possible!

This episode features Amanda Hollis-Brusky, author of Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford University Press, 2019), and Molly Coleman, co-founder of People's Parity Project https://peoplesparity.org/.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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The Federalist Society, part 3: The Spoils

Tue, 06 Feb 2024 09:00:17 GMT

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.

Premium subscribers, you're the team that makes the dream work. Thank you so much for your support!

For more about what Fed Soc hath wrought, check out Amanda Hollis-Brusky's Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford University Press, 2019).

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. This episode was fact-checked by Arielle Swedback. 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 and Rhiannon @AywaRhiannon.

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The Federalist Society, part 2: The Debate Club

Tue, 30 Jan 2024 09:00:36 GMT

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.

This work simply wouldn't be possible without our incredible Premium subscribers. Thank you so much for your support!

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 ProPublica and WNYC, about Leonard Leo, is available on On The Media's "We Don't Talk about Leonard" series.

Nancy Gertner is the author of In Defense of Women: Memoirs of an Unrepentant Advocate (Beacon Press, 2011).

Jon Hanson is the director of Harvard Law School's Systemic Justice Project, a problem-centric alternative to the traditional legal-educational mode.

Amanda Hollis-Brusky is the author of Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford University Press, 2014).

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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The Federalist Society, part 1: Immodest Origins

Tue, 23 Jan 2024 09:00:20 GMT

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 listen to ProPublica and WNYC's "We Don't Talk About Leonard" series on On the Media.

Thank you for being a 5-4 Premium member! Your support helps us do ambitious projects like this series!

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 this episode was fact checked by Arielle Swedback. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

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The 5-4 Giving Guide 2023

Fri, 22 Dec 2023 09:00:25 GMT

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/eoy2023pl

Thank you so much for supporting the charity that Charity Navigator rated "not actually a charity, more of a support group for nerds." Our Premium members light up our lives!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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How to Lose Your Job by Supporting Palestine

Tue, 19 Dec 2023 09:00:00 GMT

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!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Epic Fail! Constitutional Amendments That Didn't Make the Grade

Tue, 12 Dec 2023 09:00:07 GMT

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.

Premium members, you light up our lives! Thank you so much for being a subscriber!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Glacier Northwest, Inc. v. International Brotherhood of Teamsters

Tue, 05 Dec 2023 09:00:08 GMT

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.

Thanks for being a 5-4 Premium subscriber! You keep the drums on our concrete mixers spinning!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Abe Fortas: The Justice Who Walked So Clarence Thomas Could Run

Tue, 28 Nov 2023 09:00:32 GMT

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.

We recorded this episode right before Thanksgiving and rest assured, we all sat down to that table and gave thanks for our Premium members. And then we got into fights with our families.

Read the book that inspired this episode: Battle for the Marble Palace by Michael Bobelian

Massive thanks to Workers Defense Project in Austin for opening their offices up to us for taping. You can show them some love here! https://workersdefense.org/en/

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Richardson v. Ramirez

Tue, 21 Nov 2023 09:00:44 GMT

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.

You are a bright shining star - thank you so much for being a 5-4 Premium member!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Schenck v. United States

Tue, 14 Nov 2023 09:00:11 GMT

War! Huh! Yeah! What is it good for? Absolutely suppressing speech!

Read "The Anti-Surveillance Coalition's Highest-Stakes Gamble" by Spencer Ackerman

https://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 Beinart

https://www.dissentmagazine.org/blog/know-your-enemy-elon-musk-adl/

Thanks for being a 5-4 Premium subscriber. It's been a tough few weeks and knowing you guys are out there makes it easier to get through the day.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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A Note From Rhiannon

Tue, 07 Nov 2023 12:00:27 GMT

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

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Legally Blonde

Tue, 31 Oct 2023 08:00:09 GMT

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.

Thanks for being a 5-4 Premium member! The thought of our lives without you is spoooooooky scary!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Palestine Legal: "The Great Difference a Movement Lawyer Can Make" [ENCORE]

Tue, 24 Oct 2023 08:00:24 GMT

In this encore episode, we're back with more of Rhiannon's movement lawyering series. 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 network of attorneys that Palestine Legal works with to defend activists, reach out here:

https://palestinelegal.org/contact

Thank you so much for being a 5-4 subscriber - you make it possible to pursue new projects like the movement lawyering series.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Geduldig v. Aiello

Tue, 17 Oct 2023 12:05:25 GMT

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."

Thank you so much for being a 5-4 Premium subscriber - you give us hope in very turbulent times.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Berghuis v. Thompkins

Tue, 10 Oct 2023 08:00:50 GMT

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.

Thanks for being a 5-4 Premium subscriber. Your support gives us the strength to survive how dumb this holding is.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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The Southern Manifesto

Tue, 03 Oct 2023 10:00:05 GMT

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.

Thanks for subscribing to 5-4 Premium. Without you, Peter would read no books.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Hampton v. United States

Tue, 26 Sep 2023 08:00:10 GMT

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-love

Thank you for being a 5-4 Premium subscriber!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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2023-2024 Term Preview with Chris Geidner

Wed, 20 Sep 2023 18:51:51 GMT

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.

Thank you so much for subscribing to 5-4 Premium. We're CERTain you're the best people in the world!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Your Questions: Jury Nullification, Law School Reform, and More

Tue, 12 Sep 2023 08:00:18 GMT

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.

Thanks for being a 5-4 Premium subscriber! We might not be able to answer all of your questions, but we have room in our hearts for every single one of you!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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United States v. Sioux Nation with Nick Estes

Tue, 05 Sep 2023 08:00:12 GMT

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.

Thanks for being a 5-4 Premium member!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Welcome to Law School 2023

Tue, 29 Aug 2023 08:00:23 GMT

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!

You're hearing this episode with no ads because you are one of our favorite people in the world - a Premium subscriber! Thank you for your support!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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The Twisted Mind of Clarence Thomas

Tue, 22 Aug 2023 08:00:53 GMT

Jump in the RV kids, we're exploring Clarence Thomas' dissents, concurrences, and the mind of the man. Buckle up, because it's a twisted road.

Thanks for being a 5-4 Premium member! Your support makes it possible to wade through all of Thomas' writing, like psychologically.

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Students for Fair Admissions v. Harvard

Tue, 15 Aug 2023 08:00:33 GMT

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!

Thanks for being a 5-4 Premium subscriber!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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Harisiades v. Shaughnessy

Tue, 08 Aug 2023 08:00:02 GMT

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.

Thanks for subscribing! We would never be able to read these zillion page opinions without you!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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2022-2023 Term Reflections

Tue, 01 Aug 2023 08:00:42 GMT

The 2022 Supreme Court term is officially over. Don't you feel relieved? lol us neither.

But you know what makes us feel better? You, glorious you! Thanks for being a Premium subscriber!

Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.

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DeShaney v. Winnebago County Department of Social Services

Tue, 18 Jul 2023 08:00:23 GMT

This episode discusses child abuse. We urge you to take care while listening.

Thanks for subscribing to 5-4 Premium! We couldn't do this without you!

Follow the show at @fivefourpod on most platforms, and on Twitter, find Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Biden v. Nebraska

Tue, 11 Jul 2023 08:00:25 GMT

Absolutely fuck the major questions doctrine, fuck this Court, and fuck student loan debt. Come get pissed with us.

Our Premium subscribers are beacons of light in the dark, thanks for joining!

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303 Creative LLC v. Elenis

Tue, 04 Jul 2023 08:00:02 GMT

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.

Thanks for being a Premium subscriber. Where are you registered? We'll send you a place setting.

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Sackett v. EPA (Sackett II)

Tue, 27 Jun 2023 08:00:01 GMT

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!

Thanks so much for being a 5-4 Premium subscriber! We would never narc on you to the EPA!

Follow the show at @fivefourpod on most platforms, and on Twitter, find Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Protecting Trans Rights with Erin Reed

Tue, 20 Jun 2023 08:00:52 GMT

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 www.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."

Thanks for supporting 5-4 Premium so we can make episodes like this!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.

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American Ship Building Company v. National Labor Relations Board

Tue, 13 Jun 2023 08:00:52 GMT

When the union's inspiration through the workers' blood shall run

There can be no power greater anywhere beneath the sun

Unless the highest court in all the land decides that you are done

Then your union job is gone.

Thanks so much for being a 5-4 Premium member - we'd never lock you out!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.

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Sierra Club v. Morton

Tue, 06 Jun 2023 08:00:01 GMT

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 … 👉👈

Thanks for being a 5-4 Premium subscriber - you'll always have standing in our hearts!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.

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The Fall and Rise of the Death Penalty

Tue, 30 May 2023 08:00:44 GMT

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 jury has deliberated and is ready to render its verdict: Our subscribers are the best! Thanks so much for supporting the show.

5-4 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 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), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.

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United States v. O'Brien

Tue, 23 May 2023 08:00:07 GMT

War, huh, yeah. What is it good for? Curtailing the First Amendment!

We think our Premium members are as cool as Justice Douglas! Thanks for subscribing!

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 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), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.

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The Shadow Docket with Steve Vladeck

Tue, 09 May 2023 08:00:17 GMT

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 Power and Undermine the Republic.

we appreciate all our subscribers out there!

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 Blanks at Chips NY, and our theme song is by Spatial Relations.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.

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Palmer v. Thompson

Tue, 02 May 2023 08:00:56 GMT

Jackson, Mississippi out here with the supervillian-level attitude towards public goods - "if I have to share, then no one can have it."

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The Thomas/Crow Affair

Tue, 25 Apr 2023 08:00:29 GMT

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 friends bein' friends!

This goes out to you subscribers! We know you needed this!

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Ewing v. California

Tue, 18 Apr 2023 08:00:18 GMT

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 opinion, man."

If you think this episode description is dumb, wait until you hear the rationale in the decision.

thank youuuu our subscribers

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Noted Segregationist William Rehnquist

Tue, 11 Apr 2023 08:00:32 GMT

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 here be "man I feel old."

We would not be able to unmask these ghouls without you - thank you so much for being a 5-4 Premium supporter.

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Cruzan v. Missouri Department of Health

Tue, 04 Apr 2023 08:00:01 GMT

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.

Thanks to Erin Hawley, who reviewed this episode and helped us make it better. You can find her online at geekygimp.com.

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Palestine Legal: "The Great Difference a Movement Lawyer Can Make"

Fri, 31 Mar 2023 08:00:31 GMT

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.

You can learn more about Palestine Legal here:

https://palestinelegal.org/

And if you'd like to join the network of attorneys that Palestine Legal works with to defend activists, reach out here:

https://palestinelegal.org/contact

You're hearing this episode before everyone else because you're a 5-4 Premium subscriber. Thank you so much for your support - it helps us take on new projects like this one!

Follow Palestine Legal (@pal_legal), Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter and Instagram.

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5-4 x Bloc Party: Michael on How the Dems Flopped on Debt Relief

Tue, 28 Mar 2023 08:00:21 GMT

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 authority.

Bloc Party is a show from Justice Democrats about the fight for the soul of the Democratic Party, featuring progressive champions challenging the status quo from inside the halls of power and the organizers transforming the party’s agenda from the outside. You can find it wherever you found this podcast.

thank you subscribers !!

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Boyle v. United Technologies Corporation

Tue, 21 Mar 2023 08:00:36 GMT

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!

happy spring! we love our subscribers!

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"When I say EMPTY you say SKULL" - Live in Austin

Tue, 14 Mar 2023 08:00:41 GMT

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?

You can find the visuals that accompany this episode at Patreon.com/fivefourpod or in the 5-4 Slack.

Thank you for subscribing (and attending)!

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In re Gault with Josie Duffy Rice

Tue, 28 Feb 2023 09:00:48 GMT

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.

Thanks for subscribing!

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Prosecutorial Immunity, or "FTP" Means Prosecutors Too

Tue, 21 Feb 2023 12:13:44 GMT

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.

Thank you for being a Premium subscriber!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.

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Connick v. Thompson Encore

Tue, 14 Feb 2023 09:00:38 GMT

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.

thanks for subscribing !!!

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"Jones Day Made Trump" - Live at Harvard Law with David Enrich

Tue, 07 Feb 2023 09:00:16 GMT

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."

we appreciate youuu!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.

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Korematsu v. United States

Tue, 31 Jan 2023 09:00:19 GMT

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.

thank you for being subs

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Your Questions Answered

Tue, 24 Jan 2023 09:00:32 GMT

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.

this one goes out to all of you!

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Giles v. Harris

Tue, 17 Jan 2023 09:00:40 GMT

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.

We love our Premium members - you guys keep this thing going!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.

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McDonnell v. United States

Tue, 10 Jan 2023 10:00:02 GMT

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/yaJrQs3cKhYmnVhs6

And to attend our Austin live show on Friday, February 24th, buy tickets here! https://tickets.austintheatre.org/9063/9064

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 artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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The 2022 Five Four Giving Guide: More Ways to Help

Tue, 20 Dec 2022 09:00:20 GMT

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.org

https://narf.org/

https://www.yasproject.com/

https://freedomreads.org/

https://www.heartsandbonesrescue.com/

https://www.ourchildrenstrust.org/

ty ty ty to our patrons

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The Pelican Brief

Tue, 13 Dec 2022 09:00:01 GMT

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.

Thanks for all your support! <3

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Sonia Sotomayor

Tue, 06 Dec 2022 09:00:49 GMT

Associate Justice Sonia Sotomayor is undoubtedly one of our faves. But "no robes, no masters" still applies.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

blessings upon our subscribers _/\_

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Glossip v. Gross

Tue, 22 Nov 2022 09:00:45 GMT

This episode contains graphic depictions of an execution. Please take care while listening.

this year we're thankful for our patrons :>

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Utah v. Strieff

Tue, 15 Nov 2022 09:00:01 GMT

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!"

Thanks for your loyal support!

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Public Defenders: "Incarceration Doesn't Make Us Safe"

Fri, 11 Nov 2022 09:00:01 GMT

This is the first in a series of conversations about movement lawyering. In this episode, Rhiannon talks with Aimee Carlisle, Christopher Smith and Michael Thomas, of The Bronx Defenders. The Bronx Defenders filed an amicus brief in Bruen v. NYSRPA, advocating for their clients' Second Amendment rights You can read the amicus brief filed by The Bronx Defenders here:

https://www.supremecourt.gov/DocketPDF/20/20-843/184718/20210723101034102_20-843%20Amici%20Brief%20revised%20cover.pdf

You're hearing this episode before everyone else because you're a 5-4 Premium subscriber. Thank you so much for your support - it helps us take on new projects like this one!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Samuel Alito

Tue, 08 Nov 2022 09:00:39 GMT

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.

Thanks for being a loyal sub! Enjoy this Patreon-Only episode.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Bowers v. Hardwick

Tue, 01 Nov 2022 08:00:56 GMT

This episode quotes outdated language about homosexuality that maybe painful to hear. Please take care while listening.

Thanks for being a Patreon member!

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Independent State Legislature Theory

Tue, 25 Oct 2022 08:00:27 GMT

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.

ty for being a friend ;o

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Rhiannon Resigned and Peter Got Fired

Fri, 21 Oct 2022 08:00:39 GMT

some ~personal~ news from Peter and Rhiannon

Thanks for being a Patreon member! Because … you know … it's kind of more important than ever.

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 artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Legal Discourse and Our Discontents

Tue, 18 Oct 2022 08:00:25 GMT

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.

Thanks for being a loyal listener!

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Tanner v. United States

Tue, 11 Oct 2022 08:00:53 GMT

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.

Thanks for being a premium member - your support means so much to us!

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2022-2023 Supreme Court Term Preview

Wed, 05 Oct 2022 08:00:50 GMT

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.

ty for supporting us!

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Ketanji Brown Jackson

Tue, 27 Sep 2022 08:00:45 GMT

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.

Thanks for being a loyal Patreon sub!

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Minor v. Happersett

Tue, 20 Sep 2022 08:00:02 GMT

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?!

thank you for being a friend

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Vega v. Tekoh

Tue, 13 Sep 2022 08:00:55 GMT

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.

Thanks for being a loyal listener!

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Welcome to Law School (Again)

Tue, 30 Aug 2022 08:00:51 GMT

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.

Thanks for being a Patreon supporter. You're helping us provide a valuable Cassandra service.

Read Duncan Kennedy's "Legal Education and the Reproduction of Hierarchy" here.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.

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Harriet Miers Gets Wrecked

Tue, 23 Aug 2022 08:00:31 GMT

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.

Thanks for being a Patreon subscriber. When you get nominated to the Supreme Court, we've got your back.

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New York State Rifle and Pistol Association v. Bruen

Tue, 16 Aug 2022 08:00:22 GMT

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.

Thanks for being a loyal listener <3

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Oklahoma v. Castro-Huerta

Tue, 09 Aug 2022 08:00:30 GMT

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.

Thanks for being a Patreon member - you make life worth living!

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Free Speech, Cancel Culture, and the Court

Tue, 02 Aug 2022 08:00:49 GMT

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).

thank you thank you thank you patreon subs

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"We can make Roe the law everywhere" - An Interview with Senator Elizabeth Warren

Thu, 28 Jul 2022 08:00:00 GMT

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.

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WTF Are The Dems Doing? with Jamelle Bouie

Tue, 26 Jul 2022 08:00:24 GMT

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!

ty for being you

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West Virginia v. Environmental Protection Agency

Tue, 19 Jul 2022 08:00:59 GMT

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.

Thanks for being a loyal sub! <3

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Kennedy v. Bremerton School District

Tue, 12 Jul 2022 08:00:05 GMT

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.

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Your Dobbs Questions Answered

Fri, 01 Jul 2022 22:15:00 GMT

You asked, we answered to the best of our ability, what the hell we do now. This conversation was recorded earlier this week and we're sharing it with our Patreon subscribers now.

thanks for being with us

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Shinn v. Ramirez

Tue, 28 Jun 2022 08:00:52 GMT

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.

Thanks for being a Patreon member - you're keeping us sane in this absolutely bonkers time.

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Emergency Episode: Roe Is Overturned

Sat, 25 Jun 2022 22:27:01 GMT

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 people and their elected representatives."

Roe v. Wade, precedent that has guaranteed privacy and bodily autonomy for half a century, is dead, imperiling the access to reproductive healthcare for millions of people.

We know this has been a hard week, but what makes it a little lighter for us is knowing that you all are out there. Thanks for being a Patreon member.

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Egbert v. Boule

Tue, 21 Jun 2022 07:01:13 GMT

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.

Thanks so much for being a Patreon member!

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5-4 x Know Your Enemy: "Overturning Roe, Part One"

Tue, 14 Jun 2022 07:01:05 GMT

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.

Thanks for being a Patreon member! We truly love you!

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Federal Election Commission v. Ted Cruz for Senate

Tue, 07 Jun 2022 08:00:07 GMT

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.

Thanks for all your support; we couldn't do this without y'all.

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Originalism, the Doctrine from Hell

Tue, 31 May 2022 08:00:29 GMT

This episode is for all of the tiny constables out there who are just looking for their giant carriage.

Thank you so much for being a Patreon subscriber - we couldn't do this without you!

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Whren v. United States

Tue, 24 May 2022 08:00:30 GMT

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.

Thanks for being a loyal Patron!

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United States v. Vaello Madero

Tue, 17 May 2022 08:00:53 GMT

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.

As always, thanks for your support <3

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5-4 Live in Oakland

Tue, 10 May 2022 08:00:02 GMT

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.

Thanks for being part of our fam and making stuff like this possible <3

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Dobbs v. Jackson Women's Health: The End of Roe

Wed, 04 May 2022 19:00:24 GMT

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.ifwhenhow.org/. To donate to a coalition of more than 80 abortion funds, or donate to your local fund, visit https://abortionfunds.org/.

If you or someone you know needs abortion access, visit https://www.ineedana.com/. To learn more about self-managed abortion at home, visit https://www.plancpills.org/.

To help Rachel fundraise $5,000 to end HIV/AIDS - but more importantly, to unlock the Snyder cut of this episode - visit http://tofighthiv.org/goto/racheldotbiz.

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Lassiter v. Department of Social Services

Tue, 26 Apr 2022 08:00:45 GMT

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.

Thanks for all your support!

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Immigration and Naturalization Service v. Elias-Zacarias

Tue, 19 Apr 2022 08:00:59 GMT

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.

Thanks for your support!

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How the Biden SCOTUS Commission Radicalized One Law Professor

Tue, 12 Apr 2022 08:00:46 GMT

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.

Hey hotties, thanks for sticking with us ;)

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Lorillard Tobacco Co. v. Reilly

Tue, 29 Mar 2022 08:00:02 GMT

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.

Thanks for being a member of our family <3

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Strickland v. Washington

Tue, 22 Mar 2022 08:00:02 GMT

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.

We <3 our Patrons

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The Civil Rights Cases of 1883

Tue, 15 Mar 2022 08:00:00 GMT

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!

Y'all know the drill...thanks for your support <3

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We Need To Talk About Ginni

Tue, 08 Mar 2022 09:00:45 GMT

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.

Thanks for being a Patreon member - y'all are the best <3

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Merrill v. Milligan

Tue, 01 Mar 2022 09:00:51 GMT

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.

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The Lochner Era

Tue, 22 Feb 2022 09:00:05 GMT

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!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

Thanks for being a Patreon member - you guys really gild our age!

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Ingraham v. Wright

Tue, 15 Feb 2022 09:00:15 GMT

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.

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Thanks for being a Patreon member <333

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Parents Involved in Community Schools v. Seattle School District No. 1

Tue, 08 Feb 2022 09:00:01 GMT

Racism equals bad so acknowledging race bad too so reverse racism real so white girl go to preferred school, yes?

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Thanks for being a Patreon member ;)

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The Best Amendment (The Ninth)

Tue, 01 Feb 2022 09:00:44 GMT

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.

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NFIB v. Department of Labor

Tue, 25 Jan 2022 09:00:13 GMT

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.

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Patreon members, you guys are the absolute best. Thanks so much for being a subscriber!

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Florida v. Riley

Tue, 18 Jan 2022 09:00:18 GMT

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.

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The Return of the Rise and Fall of Roe v. Wade, Pt. 1

Tue, 04 Jan 2022 09:00:17 GMT

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.

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Patreon members are the best - thank you so much for subscribing!

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The Return of the Rise and Fall of Roe v. Wade, Pt. 2

Tue, 04 Jan 2022 08:59:01 GMT

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_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

Patreon listeners, you are the absolute best, and we wish you all the best in 2022.

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The 5-4 Giving Guide: How to Help

Fri, 24 Dec 2021 09:00:55 GMT

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 Reduction Alliance - https://www.harmreductiontx.org/ (Rhiannon)

Housing Justice for All - https://housingjusticeforall.org/ (Peter)

Lutheran Immigration and Refugee Service - https://www.lirs.org/ (Michael)

Jane's Due Process - https://janesdueprocess.org/ (Rhiannon)

Louisiana Center for Children's Rights - https://lakidsrights.org/ (Peter)

Advocates for Children of New York - https://www.advocatesforchildren.org/ (Michael)

Texas Fair Defense Project - https://www.fairdefense.org/ (Rhiannon)

Rivers & Birds - http://www.riversandbirds.org/ (Michael, a gunner)

We'd be nothing without our Patreon members - thank you for your support!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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The Warren Court: 5 Out of 5 Stars

Tue, 14 Dec 2021 09:00:29 GMT

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.

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Town of Greece v. Galloway

Tue, 07 Dec 2021 09:00:56 GMT

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 it to manage who gives that prayer or what they pray about. Amen.

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Thanks for being a Patreon member! We thank an unspecified, nondenominational deity for you every day!

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The Failed Nomination of Robert Bork

Tue, 23 Nov 2021 09:00:20 GMT

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.

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Michigan v. Environmental Protection Agency

Tue, 16 Nov 2021 09:00:00 GMT

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.

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"This Is A Captured Institution" - An Interview with Senator Sheldon Whitehouse

Tue, 09 Nov 2021 09:00:40 GMT

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.

Thanks for being a Patreon subscriber!

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.

So You Want To Be A Public Defender

Fri, 05 Nov 2021 08:00:08 GMT

Surprise! An extra premium episode!

So you want to join the well-compensated and laid-back world of public defense. Congratulations! Here's everything you need to know.

We made this bonus premium episode for Patreon members just because we love and appreciate you!

Know someone who's thinking about becoming a public defender? Get them a Patreon membership so they can listen to this episode, at patreon.com/fivefourpod

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Hamdi v. Rumsfeld

Tue, 02 Nov 2021 08:00:50 GMT

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.

Thanks for being a Patreon subscriber - you give us hope in the barren hellscape of American democracy.

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Younger v. Harris

Tue, 26 Oct 2021 08:00:05 GMT

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.

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The Justices Are Getting Defensive

Tue, 19 Oct 2021 08:00:56 GMT

When a Supreme Court Justice tells you he's totally legitimate and not part of a secret cabal 🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩.

You can follow Mark Joseph Stern on Twitter @mjs_DC.

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2021-2022 Supreme Court Term Preview

Tue, 12 Oct 2021 08:00:26 GMT

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.

Follow Elie on Twitter @elieNYC.

Thanks for being a Patreon subscriber! You guys make our day!

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Nieves v. Bartlett

Tue, 05 Oct 2021 08:00:57 GMT

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' free First Amendment right to accidentally say the quiet part out loud when they're doing a retaliatory arrest.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

Thanks for being a Patreon member - you're an icon, a legend, you are the moment!

Learn more about Expand the Court Lobby Day here: https://actionnetwork.org/forms/lobby-day-2/?source=djo

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Adoptive Couple v. Baby Girl

Tue, 21 Sep 2021 08:00:05 GMT

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 More Perfect.

Thanks for being a Patreon member! We love you guys!

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Eviction Moratorium: A Perfect Storm of Conservative Bullshit

Tue, 14 Sep 2021 08:00:51 GMT

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.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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SB8: Whole Woman’s Health v. Jackson

Fri, 03 Sep 2021 22:56:16 GMT

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 you can donate to this ActBlue fund, which splits the resources across several Texas-based abortion funds.
Go to needabortion.org to give funds or get access to care.
To find your local abortion fund, visit abortionfunds.org.
To join the Center for Reproductive Rights Lawyers' Network, contact lawyersnetworkinfo@reprorights.org.

Thanks for joining our Patreon - your support means the world to us, especially in times like these.

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Welcome to Law School

Tue, 31 Aug 2021 08:00:12 GMT

What, like it's hard? This one goes out to all those incoming, current and former Elle Woodses. You're doing amazing sweetie!

Thanks for being a Patreon member! We love you guys! And if you're looking for the support of likeminded law students, lawyers, and law lovers (or haters), upgrade to the Archenemies of the Court tier for $10 a month to join our Slack community.

Read Duncan Kennedy's "Legal Education and the Reproduction of Hierarchy" here.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.

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Nestlé v. Doe

Tue, 24 Aug 2021 08:00:19 GMT

Is it wrong to enslave children on a cocoa plantation? We'll never know! The Supreme Court dismissed the case!

Thanks so much for subscribing to our Patreon - you mean the world to us!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.

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Stephen Breyer

Tue, 17 Aug 2021 08:00:40 GMT

In this episode, we spend an hour explaining why you should buy our "Stephen Breyer Retire" merch.

You can find Ashley Feinberg's article, "Investigation: I Think I Know Which Justice Flushed" here.

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Americans for Prosperity v. Bonta

Tue, 10 Aug 2021 08:00:31 GMT

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.

Thanks for being a Patreon member - we love you guys!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Brnovich v. Democratic National Committee

Tue, 03 Aug 2021 08:00:28 GMT

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.

Thanks for being a Patreon member - we love you guys!

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Why Supreme Court Media Coverage Sucks

Tue, 27 Jul 2021 08:00:11 GMT

The legal media isn't doing its job. Except for us. We're killing it.

Thanks for being a Patreon member - we love you guys!

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Cedar Point Nursery v. Hassid

Tue, 06 Jul 2021 08:00:09 GMT

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!

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Textualism

Tue, 29 Jun 2021 08:00:44 GMT

On this premium episode, 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.

Thanks for being a Patreon member - you're the best!

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Fulton v. Philadelphia

Tue, 22 Jun 2021 08:00:34 GMT

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 one didn't come out great!

Patreon members, you're hearing this episode before everyone else! Thanks for supporting the show!

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Smith v. Maryland

Tue, 15 Jun 2021 08:00:46 GMT

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.

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Meet Nick Wallace [Patreon Early Access]

Mon, 14 Jun 2021 22:02:53 GMT

Congrats to the grad!

Patreon members get early access to our 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.

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5-4 x Even More News - Abortion Rights

Tue, 08 Jun 2021 08:00:19 GMT

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 too.

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Brett Kavanaugh

Tue, 01 Jun 2021 08:00:42 GMT

The hosts pound some brewskis with Supreme Court Justice Brett Kavanaugh.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Wal-Mart Stores, Inc. v. Dukes

Tue, 25 May 2021 08:00:36 GMT

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.

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Jones v. Mississippi

Tue, 18 May 2021 08:00:15 GMT

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.

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Roe v. Wade: The Movie [PATREON-ONLY]

Tue, 11 May 2021 08:00:52 GMT

In this first-ever 5-4 film review, the hosts have looked into the abyss and are ready to render their verdict.

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Get Us to Seven feat. Rep. Mondaire Jones

Tue, 04 May 2021 08:00:14 GMT

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.

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Bowles v. Russell

Tue, 27 Apr 2021 08:00:25 GMT

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."

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The Insular Cases [PATREON-ONLY]

Tue, 20 Apr 2021 08:00:39 GMT

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 exercises, half a millennium of genocidal rule, and not getting to vote in federal elections? Visit scenic Guam!

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Hoffman Plastic Compounds, Inc. v. National Labor Relations Board

Tue, 13 Apr 2021 08:00:10 GMT

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 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.

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5-4 x Even More News

Tue, 06 Apr 2021 08:00:26 GMT

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.

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Connick v. Thompson

Tue, 30 Mar 2021 08:00:13 GMT

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 www.patreon.com/fivefourpod.

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The Worst of the Worst: The Trump Judges [PATREON-ONLY]

Tue, 23 Mar 2021 08:00:18 GMT

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.

This premium episode is available exclusively to our Patreon supporters. Thank you for supporting the show!

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Toyota Motor Manufacturing, Kentucky Inc. v. Williams

Tue, 16 Mar 2021 08:00:56 GMT

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.

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San Antonio ISD v. Rodriguez ft. Alec Karakatsanis

Tue, 09 Mar 2021 09:00:33 GMT

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 (@_FleerUltra) on Twitter.

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Antonin Scalia [PATREON-ONLY]

Tue, 02 Mar 2021 09:00:22 GMT

In this first-ever Patreon-only episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss the life and legacy of former Supreme Court Justice Antonin Scalia. Scalia portrayed himself as methodical and apolitical, obsessed with carefully applying the Constitution, as it was written and understood by the founders.

But in practice, Scalia was a favorite son of the hyper-conservative Federalist Society, and he enthusiastically pursued their political agenda from the bench.

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McCleskey v. Kemp ft. Josie Duffy Rice

Tue, 23 Feb 2021 09:00:12 GMT

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_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

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Atkins v. Virginia

Tue, 16 Feb 2021 09:00:33 GMT

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.

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US v. Morrison

Tue, 09 Feb 2021 09:00:32 GMT

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) on Twitter.

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Navarette v. California

Tue, 02 Feb 2021 09:00:03 GMT

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.

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Morse v. Frederick

Tue, 26 Jan 2021 09:00:56 GMT

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.

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The Rise and Fall of Roe v. Wade, Pt. 2

Tue, 19 Jan 2021 09:00:03 GMT

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.

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The Rise and Fall of Roe v. Wade, Pt. 1

Tue, 12 Jan 2021 09:00:53 GMT

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.

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5-4 x Know Your Enemy

Tue, 29 Dec 2020 09:00:10 GMT

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.

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Herrera v. Collins

Tue, 15 Dec 2020 09:00:25 GMT

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.

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Roman Catholic Diocese v. Cuomo

Tue, 08 Dec 2020 09:00:46 GMT

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) on Twitter.

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Ashcroft v. Iqbal

Tue, 01 Dec 2020 09:00:01 GMT

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), and Michael (@_FleerUltra) on Twitter.

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Arizona Free Enterprise v. Bennett

Tue, 17 Nov 2020 08:05:00 GMT

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 they are to affect the Biden victory.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.

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The Courts Can’t Save Him

Tue, 10 Nov 2020 08:00:00 GMT

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 (@_FleerUltra) on Twitter.

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Reliving Bush v. Gore

Tue, 03 Nov 2020 08:05:00 GMT

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.

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How to Fix the Court feat. Rep. Ro Khanna

Tue, 27 Oct 2020 07:00:00 GMT

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 Twitter.

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Rucho v. Common Cause

Tue, 20 Oct 2020 07:30:00 GMT

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), and Michael (@_FleerUltra) on Twitter.

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The Electoral College Coup Is Coming

Tue, 13 Oct 2020 07:05:00 GMT

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), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.

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“What if Trump Dies?” And Other Questions

Tue, 06 Oct 2020 07:00:00 GMT

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.

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Amy Coney Barrett is a Right Wing Freak

Tue, 29 Sep 2020 07:00:00 GMT

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.

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What RBG Didn't Understand

Mon, 21 Sep 2020 16:05:46 GMT

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.

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LA v. Lyons

Tue, 15 Sep 2020 07:00:00 GMT

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 then, particularly after the 2014 death of Eric Garner.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.

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Voting Rights

Tue, 08 Sep 2020 07:00:00 GMT

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.

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Flood v. Kuhn

Tue, 01 Sep 2020 07:00:00 GMT

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.

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Nielsen v. Preap

Tue, 25 Aug 2020 07:00:00 GMT

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.

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Boy Scouts of America v. Dale

Tue, 18 Aug 2020 07:00:00 GMT

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.

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Milliken v. Bradley

Tue, 11 Aug 2020 07:00:00 GMT

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.

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Term Recap: 2019-2020

Tue, 04 Aug 2020 07:30:00 GMT

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.

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Bennis v. Michigan

Tue, 21 Jul 2020 07:00:00 GMT

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.

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Epic Systems v. Lewis

Tue, 14 Jul 2020 09:00:00 GMT

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.

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Buckley v. Valeo

Tue, 07 Jul 2020 07:00:00 GMT

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.

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Janus v. AFSCME

Tue, 30 Jun 2020 07:00:00 GMT

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.

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Qualified Immunity

Tue, 23 Jun 2020 07:00:00 GMT

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.

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Exxon Shipping v. Baker

Wed, 17 Jun 2020 09:00:00 GMT

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.

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Bostock v. Clayton County, Georgia

Tue, 16 Jun 2020 12:30:00 GMT

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.

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Hernandez v. Mesa

Tue, 09 Jun 2020 07:00:00 GMT

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.

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Burwell v. Hobby Lobby

Tue, 02 Jun 2020 07:00:00 GMT

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.

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Buck v. Bell

Tue, 26 May 2020 07:30:00 GMT

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.

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Tison v. Arizona

Tue, 19 May 2020 07:00:00 GMT

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.

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Clapper v. Amnesty International

Tue, 12 May 2020 07:30:00 GMT

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.

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The Biden Court

Tue, 05 May 2020 07:00:00 GMT

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.

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DC v. Heller

Tue, 28 Apr 2020 07:00:00 GMT

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.

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Kelo v. New London

Tue, 21 Apr 2020 07:30:00 GMT

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.

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Castle Rock v. Gonzales

Tue, 14 Apr 2020 07:30:00 GMT

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.

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Emergency Episode: RNC v. DNC

Wed, 08 Apr 2020 16:45:00 GMT

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.

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Trump v. Hawaii

Tue, 07 Apr 2020 07:30:00 GMT

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.

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NFIB v. Sebelius

Tue, 31 Mar 2020 07:30:00 GMT

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.

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Terry v. Ohio

Tue, 24 Mar 2020 07:30:00 GMT

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.

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Shelby County v. Holder

Tue, 17 Mar 2020 13:15:00 GMT

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.

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Fisher v. University of Texas

Tue, 10 Mar 2020 07:30:00 GMT

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.

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Citizens United v. FEC

Tue, 03 Mar 2020 08:30:00 GMT

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.

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Bush v. Gore

Tue, 25 Feb 2020 08:30:00 GMT

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.

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Official Trailer: 5-4

Tue, 04 Feb 2020 20:26:00 GMT

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 historical context around the case-of-the-week.

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