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5-4
5-4
Prologue Projects

5-4 is a podcast about how much the Supreme Court sucks. It's a progressive and occasionally profane take on the ideological battles... more

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Episodes

Snyder v. United States

We once again revisit the idea that a bribe is only a bribe if it's in a pillowcase with a... more

16 Jul 2024 · 43 minutes
United States v. Rahimi

This case includes descriptions of domestic violence. Please take care while listening.If you're not a 5-4 Premium member, you're not... more

09 Jul 2024 · 6 minutes
Trump v. United States

Take a deep breath. John Roberts just handed Donald Trump the keys to the country and said "don't bother bringing it... more

02 Jul 2024 · 51 minutes
Garland v. Cargill

Citing Urban Dictionary and wikiHow*, Clarence Thomas argues that a gun that can kill hundreds of people with a single... more

25 Jun 2024 · 45 minutes
Alexander v. South Carolina NAACP

The Court is back at again, pretending like they don't understand politics, while handing conservatives a victory that cements their... more

18 Jun 2024 · 50 minutes
"The Constitutions Includes Everybody" Live at Harvard Law School

Harvard invited us back (so that's on them) to talk about the speciousness of originalism, inclusive constitutionalism, and how to... more

11 Jun 2024 · 3 minutes
Justice Alito's Red Flags

Run a January 6th insurrectionist flag up the pole and see who salutes. Oh look! It's appointed-for-life Supreme Court Justice... more

04 Jun 2024 · 6 minutes
Arizona v. Navajo Nation

Brett Kavanaugh might have had a better shot at writing a reasonable decision if Arizona v. Navajo Nation revolved around... more

28 May 2024 · 44 minutes
Maryland v. King

In the movies, detectives trail a suspect until he messes up and throws his DNA-soaked paper cup into the trash.... more

21 May 2024 · 41 minutes
The 2024 Mailbag Episode [TEASER]

What to do if you get arrested (not legal advice™), why are the liberal justices just sitting back while conservatives... more

14 May 2024 · 6 minutes
Free Rhiannon! Campus Protests and the First Amendment

Rhi got locked up. The food was bad, the comrades were immaculate, and while the friendless centrist pundits on Twitter... more

07 May 2024 · 1 hour, 3 minutes
Hans v. Louisiana

E Pluribus Unum, more like E Pluribus Sue Them! In America, if your landlord refuses to do repairs, you sue... more

30 Apr 2024 · 33 minutes
Retire, Sonia [TEASER]

Listen, we're not going to do the whole merch thing again, but it's time to hang up the robe and... more

23 Apr 2024 · 5 minutes
Holder v. Humanitarian Law Project

Santa isn't the only one who keeps a naughty and nice list. And if your organization winds up on the... more

16 Apr 2024 · 45 minutes
The (Constitutional) Crisis at the Border

Texas passed a law that allows it to police the US border with Mexico without regard to federal policy. That... more

02 Apr 2024 · 5 minutes
United States v. Jones

The Court does not want you to plead not guilty by reason of insanity and to enforce that, they'll happily... more

26 Mar 2024 · 47 minutes
Illinois v. Caballes

This is the story of a man with the worst luck in the whole world, and how Jay-Z called the... more

19 Mar 2024 · 46 minutes
Trump v. Anderson

We're joined by Balls and Strikes' Jay Willis in this emergency episode to talk about Trump v. Anderson, which challenged... more

07 Mar 2024 · 49 minutes
How to Teach Constitutional Law [TEASER]

The legal academy is losing its mind. Good news for us, the profs are talking about their broken brains in... more

05 Mar 2024 · 7 minutes
Nixon v. Fitzgerald

You can't sue the President if they wronged you, as long as what they did was in the course of... more

27 Feb 2024 · 1 hour,
Maryland v. Shatzer

Groundhog Day but make it interrogation. The Supreme Court says cops are welcome to keep hauling you in for questioning... more

20 Feb 2024 · 50 minutes
The Federalist Society, part 4: How to Fight Back [TEASER]

Let's burn this motherfucker down metaphorically speaking OF COURSE! Today we're talking about how to counter Fed Soc's influence on... more

13 Feb 2024 · 7 minutes
The Federalist Society, part 3: The Spoils

The greatest trick the Devil ever pulled was convincing the world he didn’t exist. He learned it from the Federalist... more

06 Feb 2024 · 54 minutes
The Federalist Society, part 2: The Debate Club

First you get the money, then you get the power. But FIRST first you get the law students. This week... more

30 Jan 2024 · 1 hour, 18 minutes
The Federalist Society, part 1: Immodest Origins

There's a powerfully connected right-wing organization operating at every elite law school in the nation. It built itself by leveraging... more

23 Jan 2024 · 1 hour, 11 minutes
The 5-4 Giving Guide 2023

Every year we like to shout out organizations that inspire us or have deeply embarrassing kompromat on us. Good luck... more

22 Dec 2023 · 22 minutes
How to Lose Your Job by Supporting Palestine [UNLOCKED]

This episode was available early to Premium members. If you'd like that kind of perk, consider joining at fivefourpod.com/support.Ryna Workman... more

21 Dec 2023 · 1 hour, 2 minutes
How to Lose Your Job by Supporting Palestine [TEASER]

Ryna Workman and Jinan Chehade were both knocked off the Big Law course they thought they were on, after expressing... more

19 Dec 2023 · 7 minutes
Epic Fail! Constitutional Amendments That Didn't Make the Grade [TEASER]

It's basically impossible to amend our crummy Constitution, as demonstrated by the litany of proposed amendments that have face planted... more

12 Dec 2023 · 6 minutes
Glacier Northwest, Inc. v. International Brotherhood of Teamsters

Our nation has laws, procedures, and courts for settling labor disputes. But what if you're a concrete company and you... more

05 Dec 2023 · 55 minutes
Abe Fortas: The Justice Who Walked So Clarence Thomas Could Run [TEASER]

Get a load of this - this guy accepted a SALARY for TEACHING at a SCHOOL. Simply not Supreme Court... more

28 Nov 2023 · 5 minutes
Richardson v. Ramirez

We want to dedicate this episode to Vermont and Maine, the only two states in this whole goddamn country that... more

21 Nov 2023 · 39 minutes
Schenck v. United States

War! Huh! Yeah! What is it good for? Absolutely suppressing speech!Read "The Anti-Surveillance Coalition's Highest-Stakes Gamble" by Spencer Ackermanhttps://foreverwars.ghost.io/the-anti-surveillance-coalitions-highest-stakes-gamble/Listen to... more

14 Nov 2023 · 54 minutes
A Note From Rhiannon

You are a person with power. Now is the time to use it.Call your representatives: https://ceasefiretoday.com/Join a protest: https://www.shutitdown4palestine.org/Follow:@palestinianyouthmovement@motaz_azaiza@byplestia@wizard_bisan1@mohammedelkurd@pal_legal Hosted... more

07 Nov 2023 · 6 minutes
Legally Blonde [TEASER]

A conversation about Legally Blonde has to do with the Supreme Court … how? Because we assume in Elle's universe... more

31 Oct 2023 · 5 minutes
Palestine Legal: "The Great Difference a Movement Lawyer Can Make"

We're sharing this episode of Rhiannon's movement lawyering series with all of our listeners. Our Patreon subscribers heard it first,... more

24 Oct 2023 · 55 minutes
Geduldig v. Aiello

This case about discrimination on the basis of pregnancy might have you thinking that Potter Stewart said "trans rights are... more

17 Oct 2023 · 54 minutes
Berghuis v. Thompkins

In a world where the police are charged with protecting your Constitutional rights, they'd be climbing all over themselves to... more

10 Oct 2023 · 1 hour,
The Southern Manifesto [TEASER]

Proving once again that the sequel is always worse … we present Brown v. Board of Education II, and the... more

03 Oct 2023 · 7 minutes
Hampton v. United States

My life is a movie! A movie where a federal agent sets me up to do a drug deal by... more

26 Sep 2023 · 53 minutes
2023-2024 Term Preview with Chris Geidner

Doesn't it feel like we JUST did a term recap episode? What if the Supreme Court just like took a... more

20 Sep 2023 · 1 hour, 14 minutes
Your Questions: Jury Nullification, Law School Reform, and More [TEASER]

We have the smartest, most curious listeners in the business and in this episode we're answering your burning questions with... more

12 Sep 2023 · 4 minutes
United States v. Sioux Nation with Nick Estes

We're joined by Nick Estes, of The Red Nation podcast to talk about Indigenous sovereignty, land back, and how stupid... more

05 Sep 2023 · 44 minutes
Welcome to Law School 2023

Just like clockwork, the Spirit Halloweens are popping up and law students are heading back to campus, which means it's... more

29 Aug 2023 · 1 hour, 11 minutes
The Twisted Mind of Clarence Thomas [TEASER]

Jump int the RV kids, we're exploring Clarence Thomas' dissents, concurrences, and the mind of the man. Buckle up, because... more

22 Aug 2023 · 6 minutes
Students for Fair Admissions v. Harvard

The Supreme Court has overturned one of our nation's only proactive strategies for addressing its foundational sin. But what's worse, the... more

15 Aug 2023 · 1 hour, 16 minutes
Harisiades v. Shaughnessy

The lapsed memberships of your youth can be held against you in immigration proceedings. It's only a matter of time... more

08 Aug 2023 · 50 minutes
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... more

01 Aug 2023 · 4 minutes
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... more

18 Jul 2023 · 37 minutes
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... more

11 Jul 2023 · 58 minutes
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... more

04 Jul 2023 · 47 minutes
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... more

27 Jun 2023 · 45 minutes
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... more

22 Jun 2023 · 1 hour, 12 minutes
American Ship Building Company v. National Labor Relations Board

When the union's inspiration through the workers' blood shall runThere can be no power greater anywhere beneath the sunUnless the... more

13 Jun 2023 · 55 minutes
Sierra Club v. Morton

I am Bill Douglas, I speak for the trees.  I speak for the trees, for the trees have no tongues.... more

06 Jun 2023 · 50 minutes
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... more

30 May 2023 · 6 minutes
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... more

23 May 2023 · 40 minutes
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... more

09 May 2023 · 1 hour, 13 minutes
Palmer v. Thompson

Jackson, Mississippi out here with the supervillian-level attitude towards public goods - "if I have to share, then no one... more

02 May 2023 · 52 minutes
The Thomas/Crow Affair [TEASER]

Just to refresh your memory - bribery is when you write "bribe in exchange for your vote" on the memo... more

25 Apr 2023 · 4 minutes
5-4
American Ship Building Company v. National Labor Relations Board
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Description

When the union's inspiration through the workers' blood shall runThere can be no power greater anywhere beneath the sunUnless the highest court... more