5-4 - podcast cover

5-4

Prologue Projects shows.acast.com

5-4 is a podcast about how much the Supreme Court sucks. It's a progressive and occasionally profane take on the ideological battles at the heart of the Court's most important landmark cases; an irreverent tour of all the ways in which the law is shaped by politics.


Subscribe to our access our premium episodes & much more at fivefourpod.com/support


Listen each week as hosts Peter, Michael, and Rhiannon dismantle the Justices’ legal reasoning on hot-button issues like affirmative action, gun rights, and campaign finance, and use dark humor to reveal the high court's biases. Presented by Slow Burn co-creator Leon Neyfakh, and hosted by Rhiannon Hamam, Peter Shamshiri, and Michael Morbius. 5-4 is a production of Prologue Projects.

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Episodes

Public Defenders: "Incarceration Doesn't Make Us Safe" [TEASER]

The full version of this episode is available now to our 5-4 Premium supporters. To join, visit 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_B...

Nov 11, 20227 min

Samuel Alito [TEASER]

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. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit  www.patreon.com/fivefourpod . 5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parson...

Nov 08, 20224 min

Bowers v. Hardwick

This episode quotes outdated language about homosexuality that maybe painful to hear. 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, and o...

Nov 01, 202245 min

Independent State Legislature Theory

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. You can now get 5-4 Premium on Spotify by visiting our website fivefourpod.com/support. There, you can sign up to join 5-4 Premium, which allows you to support the show, get access to bonus episodes, membership in our slack chann...

Oct 25, 202253 min

Rhiannon Resigned and Peter Got Fired [TEASER]

The hosts have some ~personal~ news. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit https://www.fivefourpod.com/support/ Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information....

Oct 21, 20223 min

Legal Discourse and Our Discontents [TEASER]

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

Oct 18, 20226 min

Tanner v. United States

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 artwo...

Oct 11, 202247 min

2022-2023 Supreme Court Term Preview

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. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon mem...

Oct 04, 202250 min

Ketanji Brown Jackson [TEASER]

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. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit  www.patreon.com/fivefourpod Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted o...

Sep 27, 20225 min

Minor v. Happersett

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?! 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...

Sep 20, 202245 min

Vega v. Tekoh

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. 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 mor...

Sep 13, 202240 min

Welcome to Law School (Again)

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. 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 eve...

Aug 30, 202259 min

Harriet Miers Gets Wrecked [TEASER]

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. 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....

Aug 23, 20224 min

New York State Rifle and Pistol Association v. Bruen

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.  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 ...

Aug 16, 202253 min

Oklahoma v. Castro-Huerta

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. 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,...

Aug 09, 202242 min

Free Speech, Cancel Culture, and the Court [TEASER]

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

Aug 02, 20226 min

WTF Are The Dems Doing? with Jamelle Bouie

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! Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.   If you're not a Patreon member, you'...

Jul 26, 202256 min

West Virginia v. Environmental Protection Agency

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. 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...

Jul 19, 202250 min

Kennedy v. Bremerton School District

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. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, ...

Jul 12, 202243 min

Shinn v. Ramirez

This episode contains descriptions of violence against a child that may be challenging for some listeners. Please take care while listening. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not.a member of our Patreon, you're not hearing every episode of 5-4. To get exclusive episodes, access to live events, and membership in our Slack community, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information....

Jun 28, 202241 min

Emergency Episode: Roe Is Overturned

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...

Jun 25, 20221 hr 2 min

Egbert v. Boule

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. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hear...

Jun 21, 202246 min

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

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. To get premium Patreon-only episodes of 5-4, access to exclusive events, and membership in the 5-4 Slack, join us at  www.patreon.com/fivefour...

Jun 14, 20221 hr 25 min

Federal Election Commission v. Ted Cruz for Senate

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. 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...

Jun 07, 20221 hr 10 min

Brett Kavanaugh - Unlocked Premium Episode

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. Follow Peter (@The_La...

May 31, 20221 hr

Whren v. United States

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

May 24, 202242 min

United States v. Vaello Madero

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. 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 exclus...

May 17, 202241 min

5-4 Live in Oakland [TEASER]

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. The full version of this premium episode is available exclusively to our Patreon supporter...

May 10, 20228 min

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

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.ifw...

May 04, 20221 hr 5 min
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