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Latest Episodes:

Bowles v. Russell Apr 27, 2021

Show notes

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

Show notes

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

Show notes

The hosts discuss Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (NLRB), a 5-4 decision in which the Supreme Court denied a worker back pay that he was owed after being unlawfully terminated for union organizing, citing his lack of authorization to work in the United States. The decision completely rejected the ruling of the NLRB, guidance from the Department of Justice, standing immigration law, and basic human decency.

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

To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.

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5-4 x Even More News Apr 06, 2021

Show notes

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

Show notes

The hosts discuss Connick v. Thompson, a 5-4 decision in which the Supreme Court holds that a conspiracy to convict an innocent man, by systematically withholding evidence that could prove his innocence, does not constitute a "pattern." Where's your dictionary now, Scalia?

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

To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.

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

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

Show notes

The hosts discuss Trump's appointees to the federal bench, and the effects that this rogue's gallery of cronies has had - and will continue to have - on the judiciary.

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

The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod.

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

Show notes

The hosts discuss Toyota Motor Manufacturing v. Williams,where the Supreme Court unanimously narrowed the definition of disability under the Americans with Disabilities Act.

Thanks to Erin Hawley (@geekygimp) for her help prepping this episode.

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

To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.

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

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

Show notes

The hosts are joined by Alec Karakatsanis (@equalityAlec), founder and executive director of Civil Rights Corps, and the author of Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System. They discuss San Antonio ISD v Rodriguez, an equal protection case from 1973, which is widely cited by conservatives as holding that the equal protection clause does not protect impoverished people. The hosts beg to differ.

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

To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon.

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

Antonin Scalia [TEASER] Mar 02, 2021

Show notes

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

To get the full episode, sign up for our Patreon.

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

Show notes

The hosts are joined by Josie Duffy Rice of The Appeal to discuss another death penalty case — McCleskey v. Kemp. In this 1987 decision, the Supreme Court held that statistical evidence of systemic racial disparities is not enough to prove discrimination. Instead, defendants have to show that individual prosecutors, judges or juries pursued them with racist intent. As a result, states were basically let off the hook for perpetuating systemic racism in death penalty cases.

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

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