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Explore every episode of 5-4

Dive into the complete episode list for 5-4. Each episode is cataloged with detailed descriptions, making it easy to find and explore specific topics. Keep track of all episodes from your favorite podcast and never miss a moment of insightful content.

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Pub. DateTitleDuration
10 Mar 2020Fisher v. University of Texas00:51:33
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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17 Mar 2020Shelby County v. Holder00:51:40
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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24 Mar 2020Terry v. Ohio00:59:42
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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31 Mar 2020NFIB v. Sebelius00:51:06
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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07 Apr 2020Trump v. Hawaii00:48:09
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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14 Apr 2020Castle Rock v. Gonzales00:51:19
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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21 Apr 2020Kelo v. New London00:45:45
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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28 Apr 2020DC v. Heller00:50:37
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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05 May 2020The Biden Court00:56:28

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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12 May 2020Clapper v. Amnesty International00:45:06
 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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19 May 2020Tison v. Arizona00:48:06
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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26 May 2020Buck v. Bell00:47:20

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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02 Jun 2020Burwell v. Hobby Lobby00:46:01
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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09 Jun 2020Hernandez v. Mesa00:56:54
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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17 Jun 2020Exxon Shipping v. Baker00:45:16

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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23 Jun 2020Qualified Immunity00:57:03

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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30 Jun 2020Janus v. AFSCME00:43:23

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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07 Jul 2020Buckley v. Valeo00:44:54
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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14 Jul 2020Epic Systems v. Lewis00:46:57

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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21 Jul 2020Bennis v. Michigan00:48:09
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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04 Aug 2020Term Recap: 2019-202000:53:41
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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11 Aug 2020Milliken v. Bradley00:51:03
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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18 Aug 2020Boy Scouts of America v. Dale00:40:20
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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25 Aug 2020Nielsen v. Preap00:49:14

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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01 Sep 2020Flood v. Kuhn00:45:05

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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08 Sep 2020Voting Rights00:50:00

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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15 Sep 2020LA v. Lyons00:41:28

On this week’s episode of 5-4, Peter, Rhiannon, and Michael are talking about police use of chokeholds. In 1983, the Supreme Court held in City of Los Angeles v. Lyons that a man who had been injured by a brutal police chokehold did not have standing to sue for an injunction—in other words, he could not ask the Court to order the police to stop using chokeholds. The Court’s decision allowed the practice to continue, and chokeholds have been a focus of police reform efforts and protests since then, particularly after the 2014 death of Eric Garner.

 

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

 

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29 Sep 2020Amy Coney Barrett is a Right Wing Freak00:49:05

The hosts talk about Amy Coney Barrett, who has been nominated to replace Ruth Bader Ginsburg on the Supreme Court. They discuss the nominee's judicial record, her faith, and what it means to be nominated by President Trump at this time.

 

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


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06 Oct 2020“What if Trump Dies?” And Other Questions01:01:24

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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13 Oct 2020The Electoral College Coup Is Coming00:47:41

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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20 Oct 2020Rucho v. Common Cause00:59:36

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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27 Oct 2020How to Fix the Court feat. Rep. Ro Khanna01:12:05

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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03 Nov 2020Reliving Bush v. Gore01:00:06

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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10 Nov 2020The Courts Can’t Save Him00:52:16

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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17 Nov 2020Arizona Free Enterprise v. Bennett00:47:08

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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03 Mar 2020Citizens United v. FEC00:50:40
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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04 Feb 2020Official Trailer: 5-400:01:47
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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01 Dec 2020Ashcroft v. Iqbal00:55:38

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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08 Dec 2020Roman Catholic Diocese v. Cuomo00:43:13

The hosts discuss Roman Catholic Diocese of Brooklyn v. Cuomo, a recent case about COVID-19-related restrictions on religious gatherings. In it, the Supreme Court struck down hard capacity caps on religious gatherings in high-risk areas. The case has already spawned more challenges to pandemic-related restrictions on religious gatherings and likely foreshadows the expansion of legal exemptions for religious groups.

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


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15 Dec 2020Herrera v. Collins00:49:11
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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29 Dec 20205-4 x Know Your Enemy01:24:30

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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12 Jan 2021The Rise and Fall of Roe v. Wade, Pt. 100:54:21
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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19 Jan 2021The Rise and Fall of Roe v. Wade, Pt. 201:00:13
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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26 Jan 2021Morse v. Frederick00:40:20
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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02 Feb 2021Navarette v. California00:49:30

Your hosts discuss Navarette v. California, which held that an unverified anonymous tip about reckless driving could be sufficient grounds for the police to pull over a car. The case exemplifies how deferential the Supreme Court is to police power, and has resulted in an increased reliance on anonymous tips by the cops, and a corresponding erosion of citizens’ privacy rights.

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


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09 Feb 2021US v. Morrison00:49:41

The hosts discuss a case in which the Supreme Court struck down a provision of the Violence Against Women Act (VAWA) that allowed women to sue abusers in federal court for damages. In the process, the Court constrained the ability of Congress to regulate interstate commerce, not only weakening an important civil rights law, but also making it more difficult for Congress to pass progressive legislation going forward.

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


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16 Feb 2021Atkins v. Virginia00:57:32
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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23 Feb 2021McCleskey v. Kemp ft. Josie Duffy Rice00:49:14

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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02 Mar 2021Antonin Scalia [TEASER]00:03:40

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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09 Mar 2021San Antonio ISD v. Rodriguez ft. Alec Karakatsanis00:52:05

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

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

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16 Mar 2021Toyota Motor Manufacturing, Kentucky Inc. v. Williams00:39:56

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

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

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

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23 Mar 2021The Worst of the Worst: The Trump Judges [TEASER]00:05:57

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.

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30 Mar 2021Connick v. Thompson00:57:03

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.

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06 Apr 20215-4 x Even More News00:57:18

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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13 Apr 2021Hoffman Plastic Compounds, Inc. v. National Labor Relations Board00:43:17

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.

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20 Apr 2021The Insular Cases [TEASER]00:05:16

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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27 Apr 2021Bowles v. Russell00:55:35
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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04 May 2021Get Us to Seven feat. Rep. Mondaire Jones01:06:58

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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11 May 2021Roe v. Wade: The Movie [TEASER]00:04:25

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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18 May 2021Jones v. Mississippi00:54:33

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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20 May 2021Prologue Presents: Celebrity Book Club on Johnnie Cochran00:59:54
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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25 May 2021Wal-Mart Stores, Inc. v. Dukes00:49:05

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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01 Jun 2021Brett Kavanaugh [TEASER]00:04:46

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

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08 Jun 20215-4 x Even More News - Abortion Rights00:50:11

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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15 Jun 2021Smith v. Maryland00:43:41

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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21 Jun 2021Meet Nick Wallace00:24:55

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.

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29 Jun 2021Fulton v. Philadelphia00:35:13

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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22 Jun 2021Fulton v. Philadelphia [TEASER]00:04:08

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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29 Jun 2021Textualism [TEASER]00:04:48

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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06 Jul 2021Cedar Point Nursery v. Hassid00:45:14

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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15 Jul 2021Prologue Presents FIASCO: BENGHAZI00:51:54
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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20 Jul 20215-4 Presents: Know Your Enemy on the 1/6 Insurrection 01:36:41
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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27 Jul 2021Why Supreme Court Media Coverage Sucks [TEASER]00:04:13

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

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03 Aug 2021Brnovich v. Democratic National Committee00:47:05

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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10 Aug 2021Americans for Prosperity v. Bonta00:39:47

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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17 Aug 2021Stephen Breyer [TEASER]00:04:41

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

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24 Aug 2021Nestlé v. Doe00:51:11

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

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31 Aug 2021Welcome to Law School00:58:53

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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03 Sep 2021SB8: Whole Woman’s Health v. Jackson00:45:52

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.




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14 Sep 2021Eviction Moratorium: A Perfect Storm of Conservative Bullshit [TEASER]00:04:25

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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21 Sep 2021Adoptive Couple v. Baby Girl00:46:16

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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05 Oct 2021Nieves v. Bartlett00:55:28

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

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


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12 Oct 20212021-2022 Supreme Court Term Preview00:58:07

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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Follow Elie on Twitter @elieNYC.


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19 Oct 2021The Justices Are Getting Defensive [TEASER]00:05:18

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

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26 Oct 2021Younger v. Harris00:43:17

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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02 Nov 2021Hamdi v. Rumsfeld00:51:19

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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09 Nov 2021"This Is A Captured Institution" - An Interview with Senator Sheldon Whitehouse00:49:14

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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16 Nov 2021 Michigan v. Environmental Protection Agency00:42:34

What's the return on investment on not having an asthma attack? If you can't count it, it doesn't count, according to the majority in this 5-4 ruling, which turned back EPA rules on mercury emissions from power plants. As a result, the power industry won't be burdened by those costly regulations, so you can breathe easy. LOL.

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

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

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23 Nov 2021The Failed Nomination of Robert Bork [TEASER]00:04:58

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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07 Dec 2021Town of Greece v. Galloway00:40:04

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

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14 Dec 2021The Warren Court: 5 Out of 5 Stars [TEASER]00:05:05

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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21 Dec 20215-4 Presents: The Politics of Everything on "the New Right"00:29:15

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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24 Dec 2021The 5-4 Giving Guide: How to Help00:16:04

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)

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

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

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04 Jan 2022The Return of the Rise and Fall of Roe v. Wade, Pt. 100:59:38

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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04 Jan 2022The Return of the Rise and Fall of Roe v. Wade, Pt. 201:01:29

In the second part of this two-episode series on abortion rights, the hosts discuss Planned Parenthood v. Casey, a 1992 case in which the Supreme Court made it easier for states to restrict abortion access so long as abortion regulations don't create an "undue burden." The vague standard set lawmakers on a new path of attacking abortion access, and fueled anti-abortion groups' efforts to spread stigma and misinformation, setting up Roe v. Wade for a death by a thousand cuts.

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

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11 Jan 20225-4 Presents: Scene on Radio - "Pachamama"00:40:13

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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18 Jan 2022Florida v. Riley00:42:37

Go-go-gadget surveillance state! In this case the Court holds that cops can hover a helicopter over your house and peer into it without a warrant. That set a new standard for the Fourth Amendment - namely that it doesn't really exist, and if you wanted privacy then you should have been richer.

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

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25 Jan 2022NFIB v. Department of Labor00:55:13

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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01 Feb 2022The Best Amendment (The Ninth) [TEASER]00:06:24

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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08 Feb 2022Parents Involved in Community Schools v. Seattle School District No. 100:53:20

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

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