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.


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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

2022-2023 Term Reflections [TEASER]

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 s...

Aug 01, 20235 min

DeShaney v. Winnebago County Department of Social Services

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 Blank...

Jul 18, 202337 min

Biden v. Nebraska

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, a...

Jul 11, 202359 min

303 Creative LLC v. Elenis

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 provi...

Jul 04, 202347 min

Sackett v. EPA (Sackett II)

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 ...

Jun 27, 202345 min

Protecting Trans Rights with Erin Reed [UNLOCKED]

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 pe...

Jun 22, 20231 hr 12 min

American Ship Building Company v. National Labor Relations Board

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 Neyfak...

Jun 13, 202356 min

Sierra Club v. Morton

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 provid...

Jun 06, 202351 min

The Fall and Rise of the Death Penalty [TEASER]

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...

May 30, 20237 min

United States v. O'Brien

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 ...

May 23, 202341 min

The Shadow Docket with Steve Vladeck

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 Pow...

May 09, 20231 hr 13 min

Palmer v. Thompson

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 Per...

May 02, 202353 min

The Thomas/Crow Affair [TEASER]

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 fri...

Apr 25, 20235 min

Ewing v. California

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 opini...

Apr 18, 202359 min

Noted Segregationist William Rehnquist [TEASER]

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 he...

Apr 11, 20235 min

Cruzan v. Missouri Department of Health

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...

Apr 04, 202357 min

Palestine Legal: "The Great Difference a Movement Lawyer Can Make" [TEASER]

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 Prol...

Mar 31, 20235 min

5-4 x Bloc Party: Michael on How the Dems Flopped on Debt Relief

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 auth...

Mar 28, 20231 hr 7 min

Boyle v. United Technologies Corporation

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 Pe...

Mar 21, 202346 min

"When I say EMPTY you say SKULL" - Live in Austin [TEASER]

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 ...

Mar 14, 20236 min

5-4 Presents: Unreformed - "The Lucky Ones"

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 ther...

Mar 07, 202341 min

In re Gault with Josie Duffy Rice

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 Ne...

Feb 28, 202354 min

Prosecutorial Immunity, or "FTP" Means Prosecutors Too [TEASER]

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...

Feb 21, 20235 min

Connick v. Thompson Encore

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'...

Feb 14, 20231 hr

"Jones Day Made Trump" - Live at Harvard Law with David Enrich

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...

Feb 07, 20231 hr 10 min

Korematsu v. United States

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 Bl...

Jan 31, 202343 min

Your Questions Answered [TEASER]

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 ...

Jan 24, 20235 min

Giles v. Harris

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 membe...

Jan 17, 202339 min

McDonnell v. United States

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...

Jan 10, 202350 min

5-4 Presents: If Books Could Kill - "Outliers"

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. From The 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. Hosted on Acast. See acast.com/...

Dec 27, 202252 min
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