In this case, the Supreme Court rules that a mother who is at risk of losing parental rights for her child is not entitled to a lawyer during the proceedings. This episode features discussions of families interacting with social services and the foster system. Please take care while listening. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discou...
Apr 26, 2022•51 min
A difference of political opinion is when one person wants the coal industry to get tax breaks, but another person wants the oil industry to get tax breaks. Not wanting to be conscripted into an army to fight in a war against your will is NOT a political opinion. Therefore, it is totally fine for the United States - the nation that instigated the war mind you - to deny you an asylum hearing and send you back to face that certain fate. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Mic...
Apr 19, 2022•37 min
President Biden thought he could bury his weaksauce Supreme Court commission report by releasing it right before Christmas. Nice try Joey. We talked to commission member Kermit Roosevelt, of University of Pennsylvania Carey Law School, about being radicalized by his fellow liberals on the commission. Not because they're radical too, but because they're so institutionalist he got fed up. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit&nb...
Apr 12, 2022•4 min
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 righ...
Apr 05, 2022•32 min
To review: If you are an anonymous donor, using your money to drown out the voices of everyone else in an election, that is free speech. If you are a citizen who wants to tell a cop to fuck off, that is NOT free speech. And if you are a tobacco company that wants to tell children about the rich, smooth taste of a product that will addict and kill them, that is free speech. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member,...
Mar 29, 2022•54 min
In this case, eight Supreme Court justices felt like it was totally fine to let the state kill a man, even though his lawyer prepared exactly NOTHING to present mitigating factors during the sentencing phase of his trial. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.co...
Mar 22, 2022•41 min
In this episode, the hosts discuss a series of cases from 1883 about the 13th and 14th Amendments, which ultimately ushered in the Jim Crow era. And what's really fun (fun?), is that these holdings use some of the very same shitty justifications of racial discrimination that you'll find on Fox News to this very day. Time is a flat circle! The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on ...
Mar 15, 2022•5 min
In this long-anticipated episode we finally get into The Ginni Problem. New Yorker chief Washington correspondent Jane Mayer joins us to talk cults, insurrection, and other super normal Supreme Court stuff. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. ...
Mar 08, 2022•41 min
The Supreme Court says there's simply no time before elections that are months away, to redraw racist Congressional district maps, that took all of one week to make initially. If you're a fan of democracy that probably sounds bad, but listen, nothing in the Constitution explicitly says that fascism is expressly prohibited. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exc...
Mar 01, 2022•49 min
Do you like reboots? You're gonna love The Lochner Era 2: Return of the Robber Barons ! Featuring all of the union-busting, labor-exploiting, children-working-in-a-coal-mine of the original Gilded Age, but now with 100 percent more campaign spending by corporations! The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information....
Feb 22, 2022•5 min
This episode contains references to physical abuse of children. Take care when listening. The standing law on corporal punishment - physically punishing children - in schools, is that it's legal because 8th Amendment protections against cruel and unusual punishment only applies to CRIMES. Failure to get your keister in line mister, is not a crime, and therefore, punishable by beating. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Pat...
Feb 15, 2022•35 min
Racism equals bad so acknowledging race bad too so reverse racism real so white girl go to preferred school, yes? Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information....
Feb 08, 2022•53 min
This long-lost amendment gives you rights that our founding fathers, even in their wildest dreams, couldn't enumerate. So that's kind of a problem for modern conservatives. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information....
Feb 01, 2022•6 min
In this ongoing case, the Court holds that requirements that employees mask and test weekly, or get vaccinated, cannot be enforced while a challenge makes its way through the judiciary. It's good news for … I don't know, hermits living in caves who never interact with humans, or people who are already dead? For everyone else, it's not so great. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing ever...
Jan 25, 2022•55 min
Go-go-gadget surveillance state! In this case the Court holds that cops can hover a helicopter over your house and peer into it without a warrant. That set a new standard for the Fourth Amendment - namely that it doesn't really exist, and if you wanted privacy then you should have been richer. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discou...
Jan 18, 2022•43 min
This week, 5-4 is inviting you to check out an episode of Scene on Radio , from the Center for Documentary Studies at Duke University. Scene on Radio asks big, hard questions about who we are, and how we got this way. This season, "The Repair," they're focusing on the climate crisis, and in this episode they're looking at the creative ways we can use the law to protect nature and fend off climate change. If you like Scene on Radio, you can find it wherever you get your podcasts. Hosted on Acast....
Jan 11, 2022•40 min
Welp, 2021 wasn't a banner year for reproductive rights, and 2022 is looking worse. That's why it's worth revisiting this episode about Roe v. Wade. In this first episode of a two-part series, the hosts look at the legal and factual origins of Roe v. Wade. They also discuss how Roe was weaponized by the conservative legal movement to rally against an interpretation of the Constitution that allows for flexibility in favor of a far more rigid approach. Follow Peter (@The_Law_Boy), Rhiannon (@AywaR...
Jan 04, 2022•1 hr
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_L...
Jan 04, 2022•1 hr 1 min
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 H...
Dec 24, 2021•16 min
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 establ...
Dec 21, 2021•29 min
On the 12th day of Christmas, the Warren Court gave to us: Loving Day on June 12th; 11 December 1952 - final day of argument in Brown v. Board of Education of Topeka; Nationalization of the first ten amendments; Nine concurring justices; (8-1 in Reynolds v. Sims); Seven birth control pills a week; Sixth Amendment right to counsel; Five Miranda rights; Fourth Amendment protections; Three expansions of due process; Brown v. Board of Education II; And one man, one vote. The full version of this pre...
Dec 14, 2021•5 min
Let us now bow our heads in observance of this episode about why the Supreme Court thinks it's OK for a government to have prayer before public meetings, but NOT OK for the town to manage who gives that prayer or what they pray about. Amen. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Learn more about how you can help get the Judiciary Act passed at https://demandjustice.org/podcast . If you're not a Patreon member, you're not hearing every episode...
Dec 07, 2021•40 min
Robert Bork, a Regan nominee to the Supreme Court, showed the depth of his reactionary views during his confirmation hearings, and as a result, was voted down. That kicked off three decades of conservative whining and moaning and retribution, which continues to haunt us today. This is why we drink. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod . Hosted on Acast. See acast.com/privacy for m...
Nov 23, 2021•5 min
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://deman...
Nov 16, 2021•43 min
Senator Sheldon Whitehouse (D-RI) joins us to talk dark money, judicial nominations, and whether the Democrats have any hope of getting things done without filibuster reform. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. ERRATUM: At 17:10 Senator Whitehouse refers to a study of 78 Roberts court era decisions . He incorrectly states that 72 of the cases advance Republican and/or corporate interests. The number is 73 cases, or 92 percent. FURTHER READ...
Nov 09, 2021•49 min
A foreign "prisoner of war" can communicate with their family. An American "traitor" can argue their case in court. An American "enemy combatant" can do neither, according to the Supreme Court, creating a third category of prisoner with very few legal rights. America immediately post-9/11 was very chill and normal. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Learn more about Expand the Court Lobby Day at https://demandjustice.org/podcast . Hosted ...
Nov 02, 2021•51 min
Oof, this is a tough one: Protect the Constitutional rights of actual people, or clutch the vague concept of "federalism" in my grubby little hands like Gollum with that ring. TBH probably gonna go with my precious. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Learn more about Expand the Court Lobby Day at https://demandjustice.org/podcast . Hosted on Acast. See acast.com/privacy for more information....
Oct 26, 2021•43 min
When a Supreme Court Justice tells you he's totally legitimate and not part of a secret cabal 🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod . Hosted on Acast. See acast.com/privacy for more information....
Oct 19, 2021•5 min
The 2022 Supreme Court term is shaping up to be pretty gnarly. We brought on The Nation's justice correspondent, Elie Mystal, to walk us through the cases he's watching. Patreon subscribers get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more. Jealous? Join at patreon.com/fivefourpod. Follow Elie on Twitter @elieNYC. Hosted on Acast. See acast.com/privacy for more information....
Oct 12, 2021•58 min
This case originates out of an incident at opposite Burning Man, a ski race in Alaska called Arctic Man. The ruling is about opposite free speech, wherein the justices vote to protect cops' First Amendment right to accidentally say the quiet part out loud when they're doing a retaliatory arrest. Patreon subscribers get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more. Jealous? Join at patreon.com/fivefourpod. Follow Peter (@The_Law_Boy), R...
Oct 05, 2021•55 min
