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 ov...
Jul 15, 2021•52 min•Transcript available on Metacast 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! To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our...
Jul 06, 2021•45 min•Transcript available on Metacast 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. 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....
Jun 29, 2021•5 min•Transcript available on Metacast 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. Hosted on Acast. See acast.com/privacy for more information....
Jun 29, 2021•35 min•Transcript available on Metacast 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 . Hosted on Acast. See acast.com/privacy for more information....
Jun 22, 2021•4 min•Transcript available on Metacast 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. Our Patreon supporters received this episode a week early. You can get early access, exclusive episodes, membership in the 5-4 Slack, and more too, if you become a member . Hosted on Acast. See acast.com/privacy for more information....
Jun 21, 2021•25 min•Transcript available on Metacast 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. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod . Hosted on Acast. See acast.com/privacy for more information....
Jun 15, 2021•44 min•Transcript available on Metacast 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 . Hosted on...
Jun 08, 2021•50 min•Transcript available on Metacast The hosts pound some brewskis with Supreme Court Justice Brett Kavanaugh. 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 on Acast. See acast.com/privacy for more information....
Jun 01, 2021•5 min•Transcript available on Metacast 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. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod . Hosted on Acast. See acast.com/privacy for more ...
May 25, 2021•49 min•Transcript available on Metacast 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...
May 20, 2021•1 hr•Transcript available on Metacast 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. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod . Hosted on Acast. See acast.com/privacy for more in...
May 18, 2021•55 min•Transcript available on Metacast In this first-ever 5-4 film review, the hosts have looked into the abyss and are ready to render their verdict. 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 on Acast. See acast.com/privacy for more information....
May 11, 2021•4 min•Transcript available on Metacast The hosts are joined by Rep. Mondaire Jones to discuss the Judiciary Act of 2021, Supreme Court reform, and the Biden Commission. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod . Hosted on Acast. See acast.com/privacy for more information....
May 04, 2021•1 hr 7 min•Transcript available on Metacast 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." Hosted on Acast. See acast.com/privacy for more inf...
Apr 27, 2021•56 min•Transcript available on Metacast 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...
Apr 20, 2021•5 min•Transcript available on Metacast 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) an...
Apr 13, 2021•43 min•Transcript available on Metacast 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 . Hosted on Acast. See acast.com/privacy for more information....
Apr 06, 2021•57 min•Transcript available on Metacast The hosts discuss Connick v. Thompson, a 5-4 decision in which the Supreme Court holds that a conspiracy to convict an innocent man, by systematically withholding evidence that could prove his innocence, does not constitute a "pattern." Where's your dictionary now, Scalia? Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at&n...
Mar 30, 2021•57 min•Transcript available on Metacast The hosts discuss Trump's appointees to the federal bench, and the effects that this rogue's gallery of cronies has had - and will continue to have - on the judiciary. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod . Hosted on Acast. See acast.com/privacy for more information....
Mar 23, 2021•6 min•Transcript available on Metacast The hosts discuss Toyota Motor Manufacturing v. Williams,where the Supreme Court unanimously narrowed the definition of disability under the Americans with Disabilities Act. Thanks to Erin Hawley (@geekygimp) for her help prepping this episode. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod . ...
Mar 16, 2021•40 min•Transcript available on Metacast 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 (@_...
Mar 09, 2021•52 min•Transcript available on Metacast 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. Hosted on Acast. See acast.com/privacy for more information....
Mar 02, 2021•4 min•Transcript available on Metacast The hosts are joined by Josie Duffy Rice of The Appeal to discuss another death penalty case — McCleskey v. Kemp. In this 1987 decision, the Supreme Court held that statistical evidence of systemic racial disparities is not enough to prove discrimination. Instead, defendants have to show that individual prosecutors, judges or juries pursued them with racist intent. As a result, states were basically let off the hook for perpetuating systemic racism in death penalty cases. Follow Peter (@The_Law_...
Feb 23, 2021•49 min•Transcript available on Metacast 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. Hosted on Acast. See acast.com/privacy for more information....
Feb 16, 2021•58 min•Transcript available on Metacast 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)...
Feb 09, 2021•50 min•Transcript available on Metacast 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. Hosted on Acast. See acast....
Feb 02, 2021•50 min•Transcript available on Metacast 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. Hosted on Acast. See acast.com/privacy for more i...
Jan 26, 2021•40 min•Transcript available on Metacast 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. Hosted on Acast. See aca...
Jan 19, 2021•1 hr•Transcript available on Metacast 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. Hosted on Acast. See acast.com/privacy for more information....
Jan 12, 2021•54 min•Transcript available on Metacast 
