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5-4
5-4
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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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Episodes

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
Ewing v. California

The tension is palpable with the count tied at 3-2 … the defendant steps up to the plate and …... more

18 Apr 2023 · 58 minutes
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... more

11 Apr 2023 · 5 minutes
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... more

04 Apr 2023 · 57 minutes
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
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... more

25 Jun 2022 · 1 hour, 2 minutes
Egbert v. Boule

In this case the Court holds that you have no right to sue a federal official, even if a border... more

21 Jun 2022 · 46 minutes
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... more

14 Jun 2022 · 1 hour, 24 minutes
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... more

07 Jun 2022 · 1 hour, 9 minutes
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... more

31 May 2022 · 59 minutes
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... more

24 May 2022 · 42 minutes
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WTF Are The Dems Doing? with Jamelle Bouie
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Description

Imagine you are given a month and a half head start on a race. Do you A) start running, B) wait around... more