5-4

First as Farce, Then as Tragedy Nov 12, 2024

Damn you, Merrick Garland. This all could have been avoided... With the election now over, we digest what happened with our friends Jay Willis from Balls & Strikes and journalist Josie Duffy Rice.

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

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our 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 Year Ahead for Trans Rights [UNLOCKED] Nov 06, 2024

With a second Trump presidency on the horizon, we look ahead to how trans rights will be under attack.

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

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

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

Movie Review: My Cousin Vinny [TEASER] Nov 05, 2024

Only subscribers get to hear the rest of our delightful review of My Cousin Vinny, which we consider one of the best courtroom movies ever. It's Joe Pesci and Marisa Tomei. What's not to love?

To hear the whole episode, subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. Bonus content, access to a vibrant 5-4 Slack community, and occasional denunciations of listeners who disappoint us.

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon 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.

Elon Musk’s War on Workers Oct 29, 2024

How America’s morally and physically ugliest billionaires are plotting to destroy labor rights.

You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. If you're not a 5-4 Premium member, you're not hearing every episode. To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.

5-4 is presented by Prologue Projects. This episode was produced by Madeline Kaplan. Leon Neyfakh and Andrew 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.

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The Coming Battle Over Reproductive Rights Oct 22, 2024

Could a national abortion ban already be in the works? A majority of Americans say no thank you, but as we know, that doesn't matter... *cough* Roe V Wade *cough*

If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Slack community, and more, join at fivefourpod.com/support.

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

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

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

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

Mackenzie v. Hare Oct 08, 2024

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

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

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

Follow the show at @fivefourpod on most 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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2024-2025 Supreme Court Term Preview Oct 01, 2024

Do you love culture war? Then the upcoming Supreme Court term is for you...

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

5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

Follow the show at @fivefourpod on most 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

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

The Roberts One-Step (TEASER) Sep 24, 2024

This is a subscriber-only episode about the Real John Roberts, as rendered in a New York Times exposé about the Chief Justice's role in shaping Trump-related jurisprudence and turning the Court into a tool of the ex-President.

If you're not a 5-4 Premium member, you're not hearing every episode. To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.

5-4 is presented by Prologue Projects. This episode 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.

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Securities and Exchange Commission v. Jarkesy Sep 17, 2024

White collar ass crime...

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

5-4 is presented by Prologue Projects. This episode was produced by Benjamin Frisch. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

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

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

United States v. Stanley Sep 10, 2024

Is being dosed against your will with mind-altering drugs just part of being a soldier? You won't believe what the famously prankish Supreme Court says...

You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. Now is a good time: We have an exclusive subscriber-only episode coming next week.

5-4 is presented by Prologue Projects. This episode was produced by Benjamin Frisch. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and 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.

Welcome to Law School 2024 Sep 03, 2024

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

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. This episode was produced by Rachel Ward. Leon Neyfakh and 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 (TEASER) Aug 27, 2024

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

If you're not a 5-4 Premium member, you're not hearing every episode. To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.

5-4 is presented by Prologue Projects. This episode was produced by Lena Richards. Leon Neyfakh and Andrew Parsons provide editorial support. Our 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.

Fischer v. United States Aug 20, 2024

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

You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. Now is a good time: We have an exclusive subscriber-only episode coming next week.

5-4 is presented by Prologue Projects. This episode was produced by Lena Richards. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and 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.

Grants Pass v. Johnson Aug 13, 2024

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

If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.

5-4 is presented by Prologue Projects. This episode was produced by Lena Richards. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was 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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Loper Bright Enterprises v. Raimondo Jul 30, 2024

Barbie doesn't have shit on John Roberts. Now that he's killed off Chevron deference, Roberts can be an aircraft safety inspector, biomedical researcher, highway planner, nutritionist, Atlantic herring fishing boat monitor ... the possibilities are endless!

If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support.

5-4 is presented by 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.

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Snyder v. United States Jul 16, 2024

We once again revisit the idea that a bribe is only a bribe if it's in a pillowcase with a dollar sign on it, or from a check with "in exchange for illegal favors" on the memo line.

If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew 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 v. Rahimi Jul 09, 2024

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

If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was 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.

Trump v. United States Jul 02, 2024

Take a deep breath. John Roberts just handed Donald Trump the keys to the country and said "don't bother bringing it back in one piece."

If you're not a 5-4 Premium subscriber, you won't hear that Rahimi episode that we've got planned for next week. Just sayin!

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy 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.

Garland v. Cargill Jun 25, 2024

Citing Urban Dictionary and wikiHow*, Clarence Thomas argues that a gun that can kill hundreds of people with a single trigger pull is not a machine gun.

*Not actually true but those are the vibes.

If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon 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.

Alexander v. South Carolina NAACP Jun 18, 2024

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

If you're not a 5-4 Premium member, you're not hearing every episode! To hear the entire Premium archive, first dibs on live show tickets, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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 Constitutions Includes Everybody" Live at Harvard Law School Jun 11, 2024

Harvard invited us back (so that's on them) to talk about the speciousness of originalism, inclusive constitutionalism, and how to get serious about court reform. Featuring Balls and Strikes' Madiba Dennie, author of The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back (out now!) and Ryan Doerfler of Harvard Law School.

To get access to this and other Premium-only episodes, membership in our Slack community, first dibs on live show tickets, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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.

Justice Alito's Red Flags Jun 04, 2024

Run a January 6th insurrectionist flag up the pole and see who salutes. Oh look! It's appointed-for-life Supreme Court Justice Samuel Alito!

Did you know that the majority of tickets to our DC and NYC shows were sold before the shows were even public? That's because our beloved Premium subscribers got first dibs. Plus they'll get to listen to the full version of this episode! If you're jealous, come on board at fivefourpod.com/support!

If you haven't gotten tickets for our second NYC show on 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

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.

Arizona v. Navajo Nation May 28, 2024

Brett Kavanaugh might have had a better shot at writing a reasonable decision if Arizona v. Navajo Nation revolved around beer rights instead of water rights, but instead the associate justice barfed up a garbled opinion about property rights.

Did you know that our Premium subscribers got first dibs on our live show tickets? One of those shows is already sold out! Does that give you FOMO? If so, you can join at fivefourpod.com/support and also get membership in our Slack, exclusive episodes, invites to events, and more.

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.

Maryland v. King May 21, 2024

In the movies, detectives trail a suspect until he messes up and throws his DNA-soaked paper cup into the trash. In real life, they just pretend like they don't understand the word "identify" in order to abuse the 4th Amendment.

If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh 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.

The 2024 Mailbag Episode [TEASER] May 14, 2024

What to do if you get arrested (not legal advice™), why are the liberal justices just sitting back while conservatives devour the judiciary, and whether or not to vote for Biden - you've got questions, we've got … maybe not "answers," but definitely "responses."

If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel 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.

Free Rhiannon! Campus Protests and the First Amendment May 07, 2024

Rhi got locked up. The food was bad, the comrades were immaculate, and while the friendless centrist pundits on Twitter were wrapping themselves in knots to try to argue protests aren't speech, the kids were keeping the focus where it belongs: On Gaza.

If you don't think laws are real either you can get a sick shirt about it from Shout Your Abortion: https://shout-your-abortion.square.site/shop/apparel/3

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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.

Hans v. Louisiana Apr 30, 2024

E Pluribus Unum, more like E Pluribus Sue Them! In America, if your landlord refuses to do repairs, you sue 'em. If you get food poisoning from a chain restaurant, you sue 'em. But if you're stripped of your bodily autonomy by your state legislature via a bounty hunting scheme, you CAN'T sue your state in federal court, because of Hans v. Louisiana.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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.

Retire, Sonia [TEASER] Apr 23, 2024

Listen, we're not going to do the whole merch thing again, but it's time to hang up the robe and hit the beach. Or: another episode where we call for Sonia Sotomayor to retire.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher 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.

Holder v. Humanitarian Law Project Apr 16, 2024

Santa isn't the only one who keeps a naughty and nice list. And if your organization winds up on the United States' list of bad boys (designated terrorist organizations), you can forget about receiving legal representation or assistance from US-based firms. That's material support, according to this holding, even if that support doesn't contribute to terrorism in any way.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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 (Constitutional) Crisis at the Border Apr 02, 2024

Texas passed a law that allows it to police the US border with Mexico without regard to federal policy. That may seem like a little oopsy but actually it's a big "fuck you."

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is 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 v. Jones Mar 26, 2024

The Court does not want you to plead not guilty by reason of insanity and to enforce that, they'll happily sign off on you being institutionalized for far longer than the prison sentence that you would have served. You'll need a mental health day after this one for sure.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. 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.

Illinois v. Caballes Mar 19, 2024

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

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our 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.

Trump v. Anderson Mar 07, 2024

We're joined by Balls and Strikes' Jay Willis in this emergency episode to talk about Trump v. Anderson, which challenged Colorado removing Trump from the primary ballot. In a shocking twist, the Court held that Colorado can't do that. JK that's not shocking - the twist is that the dogs you hear barking in this episode are Jay's, not Michael's.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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.

How to Teach Constitutional Law [TEASER] Mar 05, 2024

The legal academy is losing its mind. Good news for us, the profs are talking about their broken brains in the New York Times. Today on the show, Peter, Rhiannon, and Michael discuss “The Crisis in Teaching Constitutional Law” by Jesse Wegman to snark on the state of legal education.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue 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 Feb 27, 2024

You can't sue the President if they wronged you, as long as what they did was in the course of their official duties. And maybe possibly if they did it out unofficially out of spite, or because they were just feeling crimey that day. Thank goodness we have this fantastic precedent to help us deal with Trump's many cases!

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme 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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Maryland v. Shatzer Feb 20, 2024

Groundhog Day but make it interrogation. The Supreme Court says cops are welcome to keep hauling you in for questioning as long as they honor an arbitrary waiting period.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is 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 4: How to Fight Back [TEASER] Feb 13, 2024

Let's burn this motherfucker down metaphorically speaking OF COURSE! Today we're talking about how to counter Fed Soc's influence on campus and in the courts. The game plan isn't to copy their strategy - it's to play to the left's strengths.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon 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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The Federalist Society, part 3: The Spoils Feb 06, 2024

The greatest trick the Devil ever pulled was convincing the world he didn’t exist. He learned it from the Federalist Society, by watching them steadily shift the terms on which all contemporary legal issues are argued. Now even progressive jurists feel compelled to debate the debate club on its own turf. The Devil is duly impressed.

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

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. 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 Jan 30, 2024

First you get the money, then you get the power. But FIRST first you get the law students. This week we're exploring the tentacles of the Federalist Society, and how a so-called debate club pulls levers across government, the legal profession, and academia, to achieve its conservative ideological goals.

Hear more from this episode's contributors:

Vanessa A. Bee is the author of HOME BOUND: An Uprooted Daughter’s Reflections on Belonging (Astra Publishing, 2022).

Andrea Bernstein's reporting with 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).

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. 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 1: Immodest Origins Jan 23, 2024

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.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin and 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.

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

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The 5-4 Giving Guide 2023 Dec 22, 2023

Every year we like to shout out organizations that inspire us or have deeply embarrassing kompromat on us. Good luck guessing which is which!

https://www.icareaboutcoral.org/

https://shoutyourabortion.com/

https://www.assignedmedia.org/

https://www.librariesforthepeople.org/

https://palestinianfeministcollective.org/

https://www.newalternativesnyc.org/

https://www.projectstreetvet.org/

https://fa.urbanjustice.org/donate/

https://secure.actblue.com/donate/eoy2023pl

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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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How to Lose Your Job by Supporting Palestine [UNLOCKED] Dec 21, 2023

This episode was available early to Premium members. If you'd like that kind of perk, consider joining at fivefourpod.com/support.

Ryna Workman and Jinan Chehade were both knocked off the Big Law course they thought they were on, after expressing solidarity with Palestine. Now they're on a mission to make some good trouble.

Thanks for being a 5-4 Premium member! Your support means the world to us!

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons 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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How to Lose Your Job by Supporting Palestine [TEASER] Dec 19, 2023

Ryna Workman and Jinan Chehade were both knocked off the Big Law course they thought they were on, after expressing solidarity with Palestine. Now they're on a mission to make some good trouble.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial 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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Epic Fail! Constitutional Amendments That Didn't Make the Grade [TEASER] Dec 12, 2023

It's basically impossible to amend our crummy Constitution, as demonstrated by the litany of proposed amendments that have face planted directly into the dustbin of history.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our 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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Glacier Northwest, Inc. v. International Brotherhood of Teamsters Dec 05, 2023

Our nation has laws, procedures, and courts for settling labor disputes. But what if you're a concrete company and you don't wannnnnnnnnnnnnna go through the system that Congress authorized specifically for this purpose? Then you take it to state court baybeeee - and see if SCOTUS will let you sneak out of the National Labor Relations Board process.

Hey, did you know that if you're not a 5-4 Premium member, you're not hearing every episode? To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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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Abe Fortas: The Justice Who Walked So Clarence Thomas Could Run [TEASER] Nov 28, 2023

Get a load of this - this guy accepted a SALARY for TEACHING at a SCHOOL. Simply not Supreme Court justice material. Get the guy who sold a house to a billionaire instead.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

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

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.

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Richardson v. Ramirez Nov 21, 2023

We want to dedicate this episode to Vermont and Maine, the only two states in this whole goddamn country that let everyone exercise their Constitutional right to vote. What are they putting in that syrup? Everywhere else, you've got Richardson v. Ramirez to thank for the movement to disenfranchise people who've been caught up in the criminal punishment system.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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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Schenck v. United States Nov 14, 2023

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/

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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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A Note From Rhiannon Nov 07, 2023

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 [TEASER] Oct 31, 2023

A conversation about Legally Blonde has to do with the Supreme Court … how? Because we assume in Elle's universe she's now chief justice, and John Roberts teaches PE at a middle school in Buffalo.

5-4 Premium members get this full episode, and our extensive back catalogue of Premium-only episodes. To make sure you can hear every episode we release, and get access to our Slack community, first dibs on live show tickets, invites to monthly events and more, join at fivefourpod.com/support.

5-4 is 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.

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Palestine Legal: "The Great Difference a Movement Lawyer Can Make" Oct 24, 2023

We're sharing this episode of Rhiannon's movement lawyering series with all of our listeners. Our Patreon subscribers heard it first, back in March.

In this episode, Rhiannon talks with Palestine Legal's senior staff attorney Radhika Sainath and staff attorney Dylan Saba about their mission to protect Palestinian activists from harassment, and the power of intersectional liberation movements.

You can learn more about Palestine Legal here:

https://palestinelegal.org/

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

https://palestinelegal.org/contact

This episode is living proof that if you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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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Geduldig v. Aiello Oct 17, 2023

This case about discrimination on the basis of pregnancy might have you thinking that Potter Stewart said "trans rights are human rights." Absolutely not. Mans said "get back in the kitchen, wench."

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial 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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Berghuis v. Thompkins Oct 10, 2023

In a world where the police are charged with protecting your Constitutional rights, they'd be climbing all over themselves to read you your Miranda Rights. We don't live in that world.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. 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 Southern Manifesto [TEASER] Oct 03, 2023

Proving once again that the sequel is always worse … we present Brown v. Board of Education II, and the rest of the cases that southern states used to try to delay integration, circumvent the Supreme Court's authority, and develop new legal strategies to preserve de facto segregation.

5-4 Premium members get this full episode, and our extensive back catalogue of Premium-only episodes. To make sure you can hear every episode we release, and get access to our Slack community, first dibs on live show tickets, invites to monthly events and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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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Hampton v. United States Sep 26, 2023

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

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks 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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2023-2024 Term Preview with Chris Geidner Sep 20, 2023

Doesn't it feel like we JUST did a term recap episode? What if the Supreme Court just like took a gap year or something, and left us all in peace for once. Wouldn't that be nice? Alas, no such luck. You're losing more rights this year … AGAIN.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme 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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Your Questions: Jury Nullification, Law School Reform, and More [TEASER] Sep 12, 2023

We have the smartest, most curious listeners in the business and in this episode we're answering your burning questions with a fire extinguisher of wisdom and insight straight to the face.

5-4 Premium members get to hear the full episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is 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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United States v. Sioux Nation with Nick Estes Sep 05, 2023

We're joined by Nick Estes, of The Red Nation podcast to talk about Indigenous sovereignty, land back, and how stupid Mount Rushmore is.

You can find Nick's work at www.therednation.org.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our 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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Welcome to Law School 2023 Aug 29, 2023

Just like clockwork, the Spirit Halloweens are popping up and law students are heading back to campus, which means it's time for our Welcome to Law School episode. Come for the updates, and stay for the milk crate challenge!

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew 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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The Twisted Mind of Clarence Thomas [TEASER] Aug 22, 2023

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

5-4 Premium members get to hear this whole episode, and a whole bunch of other episodes you're not hearing if you don't subscribe. To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide 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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Students for Fair Admissions v. Harvard Aug 15, 2023

The Supreme Court has overturned one of our nation's only proactive strategies for addressing its foundational sin. But what's worse, the most annoying guy on the cross country team just lost his last best excuse for why he didn't get into Harvard. Enjoy SUNY Binghamton, Bronckton!

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue 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.

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Harisiades v. Shaughnessy Aug 08, 2023

The lapsed memberships of your youth can be held against you in immigration proceedings. It's only a matter of time until all Neopets users are deported.

Is this a weird time to mention our Premium subscription? If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons 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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2022-2023 Term Reflections [TEASER] Aug 01, 2023

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

The full version of this Premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme 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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DeShaney v. Winnebago County Department of Social Services Jul 18, 2023

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

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

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 Jul 11, 2023

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

If you're not a 5-4 Premium member, you're not hearing every episode. You could be getting even more mad. To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and 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.

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303 Creative LLC v. Elenis Jul 04, 2023

In this case from this past Friday, the Court has added a giant loophole to our anti-discrimination laws. How big is the loophole? About the size of a 161’6″ super yacht or a Bombardier Global 5000 private jet.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide 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.

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Sackett v. EPA (Sackett II) Jun 27, 2023

What has a head and a mouth, but cannot wear a hat? A river! What has its head up its ass, and cannot interpret the Clean Water Act correctly? The Supreme Court!

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan 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, 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 [UNLOCKED] Jun 22, 2023

This episode was available early to Premium members. If you'd like that kind of perk, consider joining at fivefourpod.com/support.

Journalist Erin Reed monitors assaults to trans rights across the country. We talked to her about the evolution of anti-trans legislation, common conservative strategies, and what cases might end up before the Supreme Court.

You can find Erin's incredible "Anti-Trans Legislative Risk Map'' at erininthemorning.com. It's a map of "two Americas - one where trans people have full legal protections, and one where they are persecuted by the state."

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 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 Jun 13, 2023

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.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide 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 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 Jun 06, 2023

I am Bill Douglas, I speak for the trees. I speak for the trees, for the trees have no tongues. And I'm asking you, sir, at the top of my lungs - who does have standing?

Unless … 👉👈

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide 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 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 [TEASER] May 30, 2023

The death penalty has a long, ugly, racially-motivated history in the United States. Let's dig into the state's monopoly on violence and see what terrible things it reveals about us as a nation, shall we?

The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.

5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is 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 May 23, 2023

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

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our researcher is Jonathan DeBruin, and our website was 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 May 09, 2023

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.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.]

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our 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 May 02, 2023

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

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is 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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The Thomas/Crow Affair [TEASER] Apr 25, 2023

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!

The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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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Ewing v. California Apr 18, 2023

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.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our 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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Noted Segregationist William Rehnquist [TEASER] Apr 11, 2023

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."

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our 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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Cruzan v. Missouri Department of Health Apr 04, 2023

This episode contains discussions about the right to die, end of life matters, and suicide, which may be uncomfortable for some listeners. If you or someone you know is struggling with thoughts of suicide, please seek help immediately. Resources and support for those in need can be found at the National Suicide Prevention Lifeline at 988lifeline.org, or by dialing 988. Please take care while listening.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

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

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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Palestine Legal: "The Great Difference a Movement Lawyer Can Make" [TEASER] Mar 31, 2023

We're back with another episode of Rhiannon's movement lawyering series! In this episode, Rhiannon talks with Palestine Legal's senior staff attorney Radhika Sainath and staff attorney Dylan Saba about their mission to protect Palestinian activists from harassment, and the power of intersectional liberation movements.

The full version of this premium episode is currently available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.

5 to 4 is presented by 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 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 Mar 28, 2023

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.

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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Boyle v. United Technologies Corporation Mar 21, 2023

What does a military contractor have in common with Justice Antonin Scalia? They both manufacture things! The contractor manufactures helicopters with faulty escape hatches. Scalia manufactures, out of whole cloth, new laws about who can be held liable for deaths. Neither of them care if you live or die, as long as the designs are to spec!

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is 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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"When I say EMPTY you say SKULL" - Live in Austin [TEASER] Mar 14, 2023

Recorded live at Stateside at the Paramount! Join us as we skewer Texas judges (not literally!), teach a robot to argue before the Supreme Court, and answer the question that has haunted this podcast from the very beginning: Who IS Leon Neyfakh?

The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide 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.

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5-4 Presents: Unreformed - "The Lucky Ones" Mar 07, 2023

This week, 5-4 invites you to check out an episode of Unreformed: the Story of the Alabama Industrial School for Negro Children, hosted by friend-of-the-pod Josie Duffy Rice.

In 1968, police arrested five Black girls dressed in oversized military fatigues in Montgomery. The girls were runaways, escaping from a state-run reform school called the Alabama Industrial School for Negro Children in Mount Meigs, Alabama. The girls were determined to tell someone about the abuse they’d suffered there: physical and sexual violence, unlivable facilities, and grueling labor in the fields surrounding the school. It was, as several former students called it, a slave camp.

UNREFORMED is the story of how this reform school derailed the lives of thousands of Black children in Alabama for decades and what happened after those five girls found someone willing to blow the whistle. Host Josie Duffy Rice investigates the history of the school at the tail end of the Civil Rights movement in Alabama and speaks to former students who are still haunted by their experience but had the will to survive.

If you like Unreformed, you can find it here: https://www.iheart.com/podcast/1119-unreformed-the-story-of-t-107005437/

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In re Gault with Josie Duffy Rice Feb 28, 2023

It's not easy being a kid. Especially when the state thinks you don't have any constitutional rights. Thank goodness for this week's case, In re Gault, where the Court decides you can have a little rights, as a treat.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon 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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Prosecutorial Immunity, or "FTP" Means Prosecutors Too [TEASER] Feb 21, 2023

You know and hate qualified immunity, which allows cops to get away with murder. Now meet prosecutorial immunity, the judge-made doctrine that allows prosecutors to get away with the death penalty. Prosecutorial immunity shields prosecutors from the consequences of their actions - whether it's putting witnesses they know are lying on the stand, withholding exculpatory evidence, or retaliating against you for refusing a plea. APAB.

The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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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Connick v. Thompson Encore Feb 14, 2023

What is the greater crime? Missing a recording and pushing an episode back by a week … or using the full power of the state to prosecute a man for something he did not do, confining him in solitary as he awaits execution, and then appealing the remedy that he is awarded when exculpatory evidence (that the prosecution probably hid from the defense) resurfaces? Anyway, here's an encore of Connick v. Thompson to help you get hype for next week's Premium episode about prosecutorial immunity.

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.]

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our 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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"Jones Day Made Trump" - Live at Harvard Law with David Enrich Feb 07, 2023

Recorded live at Harvard Law School's Corporate Capture of the Legal System conference, we're talking about Jones Day. The law firm jumps into bed with all manner of villains with the justification that "everyone deserves representation." But as David Enrich, business investigations editor at The New York Times writes in his new book “Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice," what Jones Day actually does goes far beyond "representation."

If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our 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.

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

Korematsu v. United States Jan 31, 2023

In this case from 1944 the Court decides that arresting someone on "suspicion of being Japanese" and putting them in a concentration camp is not racially motivated. And while we're at it, don't call it a "concentration camp," that makes the justices feel icky.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our website was designed by Peter Murphy. Our artwork is by Teddy 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.

Our email is fivefourpod@gmail.com

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Your Questions Answered [TEASER] Jan 24, 2023

Here at 5-4 HQ we get a lot of questions. And while we can't answer the ones from our parents, about what we're doing with our lives, we CAN answer your questions about the law.

The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our 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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Giles v. Harris Jan 17, 2023

Don't get it twisted: "the point" whizzing high over the heads of Supreme Court justices is a tradition as old as the Court itself. This case, where the Court holds that it cannot declare discriminatory voter registration unconstitutional because that would "legitimize it," proves our case.

Tickets are selling fast for our Austin live show on Friday, February 24th! Get yours here: https://tickets.austintheatre.org/9063/9064

You know who already knew about the live show tickets? 5-4 Premium members. In addition to all the other perks, they get first dibs on event tickets. To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our 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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McDonnell v. United States Jan 10, 2023

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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5-4 Presents: If Books Could Kill - "Outliers" Dec 27, 2022

This week, 5-4 invites you to check out an episode of If Books Could Kill, featuring Michael Hobbes, of Maintenance Phase, and 5-4's own Peter.

If Books Could Kill deconstructs the airport bestsellers that captured our hearts and ruined our minds. FromThe Game to Freakonomics, if an idea is bad enough, someone has written a book about it, and Peter and Michael are here to rip it to shreds. If you like the show, you can find more wherever you get your podcasts.

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The 2022 Five Four Giving Guide: More Ways to Help Dec 20, 2022

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/

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 Pelican Brief Dec 13, 2022

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.

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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.

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Sonia Sotomayor [TEASER] Dec 06, 2022

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

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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.

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Glossip v. Gross Nov 22, 2022

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

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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.

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Utah v. Strieff Nov 15, 2022

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!"

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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.

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Public Defenders: "Incarceration Doesn't Make Us Safe" [TEASER] Nov 11, 2022

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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.

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Samuel Alito [TEASER] Nov 08, 2022

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.

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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.

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Bowers v. Hardwick Nov 01, 2022

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

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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.

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Independent State Legislature Theory Oct 25, 2022

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.

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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.

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Rhiannon Resigned and Peter Got Fired [TEASER] Oct 21, 2022

The hosts have some ~personal~ news.

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Legal Discourse and Our Discontents [TEASER] Oct 18, 2022

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.

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Tanner v. United States Oct 11, 2022

Fun party idea: convene 11 strangers, get zooted at lunch, deal some weed, do a little coke in the bathroom of a courthouse, then determine whether or not you're going to put a human in a cage for a substantial chunk of their life.

5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our assistant producer is Arlene Arevalo. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

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2022-2023 Supreme Court Term Preview Oct 04, 2022

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.

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Ketanji Brown Jackson [TEASER] Sep 27, 2022

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.

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Minor v. Happersett Sep 20, 2022

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?!

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Vega v. Tekoh Sep 13, 2022

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.

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Welcome to Law School (Again) Aug 30, 2022

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.

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

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Harriet Miers Gets Wrecked [TEASER] Aug 23, 2022

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.

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New York State Rifle and Pistol Association v. Bruen Aug 16, 2022

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.

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Oklahoma v. Castro-Huerta Aug 09, 2022

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.

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Free Speech, Cancel Culture, and the Court [TEASER] Aug 02, 2022

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).

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"We can make Roe the law everywhere" - An Interview with Senator Elizabeth Warren Jul 28, 2022

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 Jul 26, 2022

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!

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West Virginia v. Environmental Protection Agency Jul 19, 2022

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.

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Kennedy v. Bremerton School District Jul 12, 2022

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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Shinn v. Ramirez Jun 28, 2022

This episode contains descriptions of violence against a child that may be challenging for some listeners. Please take care while listening.

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Emergency Episode: Roe Is Overturned Jun 25, 2022

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 listener.

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Egbert v. Boule Jun 21, 2022

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.

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5-4 x Know Your Enemy: "Overturning Roe, Part One" Jun 14, 2022

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.

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Federal Election Commission v. Ted Cruz for Senate Jun 07, 2022

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.

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Brett Kavanaugh - Unlocked Premium Episode May 31, 2022

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

Normally there would be no episode in the free feed this week, but we decided to do something special for ya. This episode was originally exclusively available to our Patreon members, but we're giving you a peek into the premium feed. If you enjoyed the episode and want to unlock more like it, like our just-released episode about Originalism, join our Patreon at $5 a month, at patreon.com/fivefourpod.

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Whren v. United States May 24, 2022

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.

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United States v. Vaello Madero May 17, 2022

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.

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5-4 Live in Oakland [TEASER] May 10, 2022

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.

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Dobbs v. Jackson Women's Health: The End of Roe May 04, 2022

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 Apr 26, 2022

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.

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Immigration and Naturalization Service v. Elias-Zacarias Apr 19, 2022

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.

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How the Biden SCOTUS Commission Radicalized One Law Professor [TEASER] Apr 12, 2022

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.

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5-4 Presents: Damages - "Manoomin v. Minnesota" Apr 05, 2022

This week, 5-4 is inviting you to check out an episode of Damages, from the Critical Frequency Podcast Network.

Damages is a courtroom drama podcast that follows the well over 200 climate lawsuits currently active in courtrooms all over the world. Ranging from explanatory episodes to docuseries to narrative seasons, it’s a show about the quest for justice and a crime against humanity: the climate crisis. In this episode: a case on behalf of wild rice, or manoomin in the Ojibwe language. The rights of manoomin case was originally filed in an effort to stop construction of the Line 3 pipeline. That pipeline has been built, but the case is still active, and it could have major implications for other pipeline fights.

If you like Damages, you can find it https://www.drilledpodcast.com/damages/.

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Lorillard Tobacco Co. v. Reilly Mar 29, 2022

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.

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Strickland v. Washington Mar 22, 2022

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.

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The Civil Rights Cases of 1883 [TEASER] Mar 15, 2022

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!

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We Need To Talk About Ginni Mar 08, 2022

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.

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Merrill v. Milligan Mar 01, 2022

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 [TEASER] Feb 22, 2022

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!

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Ingraham v. Wright Feb 15, 2022

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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Parents Involved in Community Schools v. Seattle School District No. 1 Feb 08, 2022

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

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The Best Amendment (The Ninth) [TEASER] Feb 01, 2022

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 Jan 25, 2022

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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Florida v. Riley Jan 18, 2022

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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5-4 Presents: Scene on Radio - "Pachamama" Jan 11, 2022

This week, 5-4 is inviting you to check out an episode of Scene on Radio, from the Center for Documentary Studies at Duke University. Scene on Radio asks big, hard questions about who we are, and how we got this way. This season, "The Repair," they're focusing on the climate crisis, and in this episode they're looking at the creative ways we can use the law to protect nature and fend off climate change.

If you like Scene on Radio, you can find it wherever you get your podcasts.

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The Return of the Rise and Fall of Roe v. Wade, Pt. 1 Jan 04, 2022

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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The Return of the Rise and Fall of Roe v. Wade, Pt. 2 Jan 04, 2022

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.

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The 5-4 Giving Guide: How to Help Dec 24, 2021

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)

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Learn more about how you can help get the Judiciary Act passed at https://demandjustice.org/podcast.

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5-4 Presents: The Politics of Everything on "the New Right" Dec 21, 2021

This week, 5-4 is inviting you to check out an episode of The Politics of Everything, from The New Republic:

Today’s youth are overwhelmingly left-wing. So who are the young conservatives? On this episode of The Politics of Everything, hosts Laura Marsh and Alex Pareene talk to Sam Adler-Bell, a writer and the host of the podcast Know Your Enemy, about an energetic cohort who call themselves the New Right. They differ in many ways from the median right-wing voter. They hate the Republican establishment. Their heroes are illiberal authoritarians. Are they going to remake conservatism?

If you like The Politics of Everything you can find it wherever you get your podcasts.

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The Warren Court: 5 Out of 5 Stars [TEASER] Dec 14, 2021

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 Dec 07, 2021

Let us now bow our heads in observance of this episode about why the Supreme Court thinks it's OK for a government to have prayer before public meetings, but NOT OK for the town to manage who gives that prayer or what they pray about. Amen.

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The Failed Nomination of Robert Bork [TEASER] Nov 23, 2021

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 Nov 16, 2021

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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Learn more about how you can help get the Judiciary Act passed at https://demandjustice.org/podcast.

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"This Is A Captured Institution" - An Interview with Senator Sheldon Whitehouse Nov 09, 2021

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.

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ERRATUM:

At 17:10 Senator Whitehouse refers to a study of 78 Roberts court era decisions. He incorrectly states that 72 of the cases advance Republican and/or corporate interests. The number is 73 cases, or 92 percent.

FURTHER READING:

"A Conservative Activist's Behind-the-Scenes Campaign to Remake the Nation's Courts" - Washington Post

"Inside the Koch-Backed Effort to Block the Largest Election-Reform Bill in Half a Century" - The New Yorker

"One unnamed donor gave $17 million to the Leo-affiliated Judicial Crisis Network to block the nomination of Judge Merrick Garland and to support Gorsuch; then a donor — perhaps the same one — gave another $17 million to prop up Kavanaugh."

Learn more about how you can help get the Judiciary Act passed at https://demandjustice.org/podcast.

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Hamdi v. Rumsfeld Nov 02, 2021

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.

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Learn more about Expand the Court Lobby Day at https://demandjustice.org/podcast.

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Younger v. Harris Oct 26, 2021

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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Learn more about Expand the Court Lobby Day at https://demandjustice.org/podcast.

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The Justices Are Getting Defensive [TEASER] Oct 19, 2021

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

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2021-2022 Supreme Court Term Preview Oct 12, 2021

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.

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Nieves v. Bartlett Oct 05, 2021

This case originates out of an incident at opposite Burning Man, a ski race in Alaska called Arctic Man. The ruling is about opposite free speech, wherein the justices vote to protect cops' First Amendment right to accidentally say the quiet part out loud when they're doing a retaliatory arrest.

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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 Sep 21, 2021

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.

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Eviction Moratorium: A Perfect Storm of Conservative Bullshit [TEASER] Sep 14, 2021

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.

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SB8: Whole Woman’s Health v. Jackson Sep 03, 2021

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.

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Welcome to Law School Aug 31, 2021

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

Get the support of likeminded law students, lawyers, and law lovers (or haters) in our Slack community, by joining our Patreon at the $10 a month level. Patreon subscribers also get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more.

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

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Nestlé v. Doe Aug 24, 2021

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

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Stephen Breyer [TEASER] Aug 17, 2021

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

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Americans for Prosperity v. Bonta Aug 10, 2021

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.

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Brnovich v. Democratic National Committee Aug 03, 2021

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.

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Why Supreme Court Media Coverage Sucks [TEASER] Jul 27, 2021

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

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5-4 Presents: Know Your Enemy on the 1/6 Insurrection Jul 20, 2021

Feed drop alert again! This week, 5-4 is inviting you to check out an episode of Know Your Enemy. If you like what you hear, subscribe to their feed wherever you get your podcasts. 5-4 will be back with new episodes starting next week.

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Prologue Presents FIASCO: BENGHAZI Jul 15, 2021

Feed drop alert! No new episode of 5-4 this week, so instead please consider checking out the new season of FIASCO, the history podcast from Prologue Projects. This season we're tackling the Benghazi scandal, starting with the rise of Libyan dictator Muammar Gaddafi and ending with the 2016 election. The episode we're sharing today is the fourth one in the series, in which Mitt Romney's presidential campaign pounces on the Benghazi attack as a political issue before the attack itself was even over. To hear the rest of FIASCO: BENGHAZI, subscribe to the Luminary channel on Apple Podcasts by visiting apple.co/fiasco.

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Cedar Point Nursery v. Hassid Jul 06, 2021

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 [TEASER] Jun 29, 2021

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.

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Fulton v. Philadelphia Jun 29, 2021

In this emergency episode, the hosts discuss one of the spiciest cases from this term, Fulton v. Philadelphia. And you know how conservatives hate spice, so suffice it to say, this holding didn't come out great!

Patreon members got this episode a week ago! To get early access to emergency episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.

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Fulton v. Philadelphia [TEASER] Jun 22, 2021

In this emergency episode, the hosts discuss one of the spiciest cases from this term, Fulton v. Philadelphia. And you know how conservatives hate spice, so suffice it to say, this holding didn't come out great!

Patreon members can hear the full episode now, instead of waiting a week! To join, visit www.patreon.com/fivefourpod.

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Meet Nick Wallace Jun 21, 2021

Congrats grads! Our gift to you is an interview with Nick Wallace. Nick is the former Stanford law student who was threatened with having his diploma withheld because the snowflakes in his campus' Federalist Society were triggered.

Our Patreon supporters received this episode a week early. You can get early access, exclusive episodes, membership in the 5-4 Slack, and more too, if you become a member.

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Smith v. Maryland Jun 15, 2021

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.

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5-4 x Even More News - Abortion Rights Jun 08, 2021

Peter and Rhiannon join Katy Stoll and Cody Johnston from Even More News, to talk about what the Supreme Court's decision to hear a Mississippi abortion ban case means.

Follow Even More News (@somemorenews), Katy Stoll (@katystoll) and Cody Johnston (@drmistercody) on Twitter. They're on Patreon, and so is 5-4. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up at www.patreon.com/fivefourpod.

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Brett Kavanaugh [TEASER] Jun 01, 2021

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

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Wal-Mart Stores, Inc. v. Dukes May 25, 2021

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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Prologue Presents: Celebrity Book Club on Johnnie Cochran May 20, 2021

Hey, remember JOHNNIE COCHRAN? While you wait for next week's episode of 5-4, please enjoy this special feed drop from Celebrity Book Club with Steven and Lily, a new podcast from Prologue Projects in which NYC comedians Steven Phillips-Horst and Lily Marotta take on a different celebrity memoir every week and use it as a canvas for exploring pop culture, the sick 'n' twisted lives of the rich 'n' famous, and their own lifelong friendship. The subject of this week's episode was selected with 5-4 listeners in mind: It's Johnnie Cochran's Journey to Justice, in which the world's most famous lawyer — not including Peter, Rhiannon, and Michael — opens up the briefcase on his life in the law. If you like what you hear, subscribe to Celebrity Book Club with Steven and Lily now.

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Jones v. Mississippi May 18, 2021

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.

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Roe v. Wade: The Movie [TEASER] May 11, 2021

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 May 04, 2021

The hosts are joined by Rep. Mondaire Jones to discuss the Judiciary Act of 2021, Supreme Court reform, and the Biden Commission.

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Bowles v. Russell Apr 27, 2021

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 [TEASER] Apr 20, 2021

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 Apr 13, 2021

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.

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5-4 x Even More News Apr 06, 2021

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 Mar 30, 2021

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?

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The Worst of the Worst: The Trump Judges [TEASER] Mar 23, 2021

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.

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Toyota Motor Manufacturing, Kentucky Inc. v. Williams Mar 16, 2021

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.

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San Antonio ISD v. Rodriguez ft. Alec Karakatsanis Mar 09, 2021

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.

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Antonin Scalia [TEASER] Mar 02, 2021

Here's a taste of what Patreon supporters get! In this episode, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss former Supreme Court Justice Antonin Scalia.

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McCleskey v. Kemp ft. Josie Duffy Rice Feb 23, 2021

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.

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Atkins v. Virginia Feb 16, 2021

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 Feb 09, 2021

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.

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Navarette v. California Feb 02, 2021

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.

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Morse v. Frederick Jan 26, 2021

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 Jan 19, 2021

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 Jan 12, 2021

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 Dec 29, 2020

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.

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Herrera v. Collins Dec 15, 2020

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 Dec 08, 2020

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.

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Ashcroft v. Iqbal Dec 01, 2020

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.”

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Arizona Free Enterprise v. Bennett Nov 17, 2020

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.

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The Courts Can’t Save Him Nov 10, 2020

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.

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Reliving Bush v. Gore Nov 03, 2020

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.

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How to Fix the Court feat. Rep. Ro Khanna Oct 27, 2020

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.

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Rucho v. Common Cause Oct 20, 2020

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.

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The Electoral College Coup Is Coming Oct 13, 2020

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.

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“What if Trump Dies?” And Other Questions Oct 06, 2020

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.

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Amy Coney Barrett is a Right Wing Freak Sep 29, 2020

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.

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What RBG Didn't Understand Sep 21, 2020

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.

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LA v. Lyons Sep 15, 2020

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.

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Voting Rights Sep 08, 2020

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.

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Flood v. Kuhn Sep 01, 2020

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 Aug 25, 2020

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 Aug 18, 2020

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 Aug 11, 2020

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 Aug 04, 2020

On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) look back at the most recent Supreme Court term.

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Bennis v. Michigan Jul 21, 2020

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 Jul 14, 2020

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 Jul 07, 2020

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 Jun 30, 2020

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 Jun 23, 2020

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 Jun 17, 2020

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 Jun 16, 2020

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 Jun 09, 2020

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 Jun 02, 2020

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 May 26, 2020

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 May 19, 2020

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 May 12, 2020

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 May 05, 2020

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 Apr 28, 2020

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 Apr 21, 2020

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 Apr 14, 2020

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 Apr 08, 2020

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 Apr 07, 2020

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 Mar 31, 2020

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 Mar 24, 2020

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 Mar 17, 2020

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 Mar 10, 2020

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 Mar 03, 2020

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 Feb 25, 2020

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 Feb 04, 2020

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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