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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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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... more

31 Mar 2023 · 5 minutes
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... more

28 Mar 2023 · 1 hour, 7 minutes
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... more

21 Mar 2023 · 45 minutes
"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... more

14 Mar 2023 · 5 minutes
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... more

07 Mar 2023 · 40 minutes
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... more

28 Feb 2023 · 53 minutes
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... more

21 Feb 2023 · 4 minutes
Connick v. Thompson Encore

What is the greater crime? Missing a recording and pushing an episode back by a week … or using the... more

14 Feb 2023 · 1 hour,
"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... more

07 Feb 2023 · 1 hour, 10 minutes
Korematsu v. United States

In this case from 1944 the Court decides that arresting someone on "suspicion of being Japanese" and putting them in... more

31 Jan 2023 · 43 minutes
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,... more

24 Jan 2023 · 5 minutes
Giles v. Harris

Don't get it twisted: "the point" whizzing high over the heads of Supreme Court justices is a tradition as old... more

17 Jan 2023 · 39 minutes
McDonnell v. United States

The dictionary defines "quid pro quo" as "when a businessman walks up to a Congressman in the Capitol and hands... more

10 Jan 2023 · 50 minutes
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... more

27 Dec 2022 · 52 minutes
The 2022 Five Four Giving Guide: More Ways to Help

We spend the better part of the year bumming you out about the many ways the law fails to actually... more

20 Dec 2022 · 20 minutes
The Pelican Brief

For some strange reason, there aren't many thrillers about the Supreme Court. The Pelican Brief remedies this obvious oversight by... more

13 Dec 2022 · 55 minutes
Sonia Sotomayor [TEASER]

Associate Justice Sonia Sotomayor is undoubtedly one of our faves. But "no robes, no masters" still applies.The full version of... more

06 Dec 2022 · 5 minutes
Glossip v. Gross

This episode contains graphic depictions of an execution. Please take care while listening.If you're not a 5-4 Premium member, you're... more

22 Nov 2022 · 48 minutes
Utah v. Strieff

The Fourth Amendment protects you from unreasonable search and seizure by the government. Unless the government wants to unreasonably search... more

15 Nov 2022 · 44 minutes
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/support5 to 4 is... more

11 Nov 2022 · 6 minutes
Samuel Alito [TEASER]

Justice Samuel Alito is deeply contemptuous of those who don't share his worldview, where abortion is murder, and the cops... more

08 Nov 2022 · 4 minutes
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... more

01 Nov 2022 · 45 minutes
Independent State Legislature Theory

The first time the Supreme Court flirted with Independent State Legislature doctrine, George W. Bush wound up in the presidency.... more

25 Oct 2022 · 52 minutes
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... more

21 Oct 2022 · 2 minutes
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... more

18 Oct 2022 · 5 minutes
Tanner v. United States

Fun party idea: convene 11 strangers, get zooted at lunch, deal some weed, do a little coke in the bathroom... more

11 Oct 2022 · 47 minutes
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... more

04 Oct 2022 · 50 minutes
Ketanji Brown Jackson [TEASER]

The Supreme Court term begins next week and for the first time in American history, a Black woman will sit... more

27 Sep 2022 · 4 minutes
Minor v. Happersett

Welcome to citizenship in the United States of America - you knew that you weren't guaranteed to get health care,... more

20 Sep 2022 · 45 minutes
Vega v. Tekoh

Cops have to read you your Miranda rights. If they don't … nothing happens, according to this recent Supreme Court... more

13 Sep 2022 · 39 minutes
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?... more

30 Aug 2022 · 58 minutes
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... more

23 Aug 2022 · 3 minutes
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,... more

16 Aug 2022 · 52 minutes
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... more

09 Aug 2022 · 41 minutes
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... more

02 Aug 2022 · 6 minutes
"We can make Roe the law everywhere" - An Interview with Senator Elizabeth Warren

Senator Elizabeth Warren, we can only assume against the advice of counsel, agreed to come on 5-4. We talked about... more

28 Jul 2022 · 34 minutes
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)... more

26 Jul 2022 · 56 minutes
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... more

19 Jul 2022 · 50 minutes
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... more

12 Jul 2022 · 42 minutes
Shinn v. Ramirez

This episode contains descriptions of violence against a child that may be challenging for some listeners. Please take care while... more

28 Jun 2022 · 41 minutes
Oklahoma v. Castro-Huerta

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Continuing its trajectory of abandoning tests that don't pass the vibe check, the Supreme Court ruled that states can prosecute crimes committed... more