5-4
50 episodes - English - Latest episode: over 3 years ago -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, and an irreverent tour of all the ways in which the law is shaped by politics. 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, 5-4 is a production of Prologue Projects.
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Episodes
The Rise and Fall of Roe v. Wade, Pt. 1
January 12, 2021 09:00 - 54 minutes - 74.6 MBThe 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. See acast.com/privacy for privacy and opt-out information.
5-4 x Know Your Enemy
December 29, 2020 09:00 - 1 hour - 135 MBPeter, Rhiannon, and Michael join the hosts of the podcast Know Your Enemy for a conversation about the conservative legal movement. They discuss the origins of conservative doctrines like originalism and textualism, and the rise of the Federalist Society from a small group of conservative students and academics to an organization whose members constitute the majority of the Supreme Court. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. See a...
Herrera v. Collins
December 15, 2020 09:00 - 49 minutes - 67.5 MBThe hosts take on a 1993 death penalty case that has been called one of the worst decisions in capital punishment jurisprudence. Herrera v. Collins asks whether someone on death row can have new evidence of their innocence reviewed in federal habeas corpus proceedings, often the last resort for someone who has exhausted their appeals. In a 6-to-3 vote, the Court rejected the claim, barely shying away from holding that the Constitution does not protect against an innocent person being executed...
Freedom Is Contagious
December 08, 2020 09:00 - 43 minutes - 98.9 MBThe hosts discuss Roman Catholic Diocese of Brooklyn v. Cuomo, a recent case about COVID-19-related restrictions on religious gatherings. In it, the Supreme Court struck down hard capacity caps on religious gatherings in high-risk areas. The case has already spawned more challenges to pandemic-related restrictions on religious gatherings and likely foreshadows the expansion of legal exemptions for religious groups. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerU...
How Do You Plead?
December 01, 2020 09:00 - 55 minutes - 76.4 MBThe hosts discuss Ashcroft v. Iqbal, a 2008 case in which the Court created a new pleading standard for legal complaints that made it much harder for plaintiffs to bring their cases. Here, a Pakistani immigrant who claimed he was detained and tortured in the wake of 9/11 had his case dismissed because, according to the Court, his allegations that Bush administration officials were responsible for his treatment were not “plausible.” Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), ...
Arizona Free Enterprise v. Bennett
November 17, 2020 08:05 - 47 minutesThe hosts return to examining cases with a little-known campaign finance decision from 2011: Arizona Free Enterprise Club PAC v. Bennett. They discuss the Supreme Court’s ruling, which declared unconstitutional a matching funds program for political candidates who opt out of private fundraising, effectively killing public campaign financing. The hosts also talk about the Trump campaign’s ongoing efforts -- in the courts and otherwise -- to contest the results of the 2020 election, and how li...
The Courts Can’t Save Him
November 10, 2020 08:00 - 52 minutesThe hosts look back at the week-long presidential election, which Joe Biden won. They discuss the challenges mounted by the Trump campaign in various states and explain why none of them is likely to change the outcome of the election. They also reflect on some state-level initiatives and put forth their strategy for how President Biden should deal with a split Senate, especially on matters pertaining to the Supreme Court. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Micha...
Reliving Bush v. Gore
November 03, 2020 08:05 - 1 hourThe hosts reflect on a string of cases pertaining to the coming election, discuss the legacy of Bush v. Gore, and the significance of Justice Kavanaugh recently citing Justice Rehnquist’s infamous concurrence in the case. They then replay their original analysis of the 2000 election case that put George W. Bush in the White House. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Please support our sponsors: HelixSleep.com/FiveFour See acast....
How to Fix the Court feat. Rep. Ro Khanna
October 27, 2020 07:00 - 1 hourThe hosts discuss options for reforming the court — from court packing, to term limits for judges, to stripping the court of jurisdiction to hear cases pertaining to new laws. They also speak to Congressman Ro Khanna about court reform, and about the bill he has introduced to limit Supreme Court Justices' tenure. But they remain clear on their preferred option: packing the court to include more liberal justices. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltr...
The Gerrymandering Heist
October 20, 2020 07:30 - 59 minutesThe hosts reflect on the Amy Coney Barrett confirmation hearings, then move on to discussing gerrymandering, the practice of drawing up voting districts to favor a particular political party. Specifically, they talk about Rucho v. Common Cause, a 2019 case in which the Supreme Court not only refused to rule on two states’ gerrymandered maps, they found all partisan gerrymandering to be outside the purview of the Court going forward. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon),...
The Electoral College Coup Is Coming
October 13, 2020 07:05 - 47 minutesThe hosts discuss the past, present, and future of the Electoral College, and all the ways it could be used to stage a procedural coup in the upcoming election. They also talk about how the Electoral College could be restructured to give greater representation to states with large populations, like California. But if it were up to them, they’d get rid of this undemocratic institution all together, and switch to a system in which the president is chosen by popular vote. Follow Peter (@The...
“What if Trump Dies?” And Other Questions
October 06, 2020 07:00 - 1 hourThe hosts discuss the recent news that Donald Trump has contracted COVID-19 and what implications it might have for the upcoming election and the Supreme Court. Then they answer listener questions, covering everything from court reform to how to decide if you should go to law school. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Please support our sponsors: BuyRaycon.com/FIVEFOUR See acast.com/privacy for privacy and opt-out in...
Amy Coney Barrett is a Right Wing Freak
September 29, 2020 07:00 - 49 minutesThe hosts talk about Amy Coney Barrett, who has been nominated to replace Ruth Bader Ginsburg on the Supreme Court. They discuss the nominee's judicial record, her faith, and what it means to be nominated by President Trump at this time. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. See acast.com/privacy for privacy and opt-out information.
What RBG Didn't Understand
September 21, 2020 16:05 - 45 minutesOn this week's episode of 5-4, Peter, Rhiannon, and Michael are discussing the death of Ruth Bader Ginsburg. Specifically, the hosts talk about the consequences of RBG's decision not to step down from the Court during Barack Obama's presidency, what that decision tells us about her, and what lies ahead. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. See acast.com/privacy for privacy and opt-out information.
LA v. Lyons
September 15, 2020 07:00 - 41 minutesOn this week’s episode of 5-4, Peter, Rhiannon, and Michael are talking about police use of chokeholds. In 1983, the Supreme Court held in City of Los Angeles v. Lyons that a man who had been injured by a brutal police chokehold did not have standing to sue for an injunction—in other words, he could not ask the Court to order the police to stop using chokeholds. The Court’s decision allowed the practice to continue, and chokeholds have been a focus of police reform efforts and protests since...
Voting Rights
September 08, 2020 07:00 - 50 minutesOn this week’s episode of 5-4, Peter, Rhiannon, and Michael are discussing the right to vote. As the 2020 presidential election draws near, the Trump campaign has already started suing states over the use of mail-in ballots. The hosts talk through the basics of election law history and explain how individual citizens' right to vote is only sort of provided for in the Constitution. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Please su...
Flood v. Kuhn
September 01, 2020 07:00 - 45 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy) and Rhiannon (@AywaRhiannon) are joined by their friend Adam to discuss the 1972 case that exempted professional baseball from antitrust law. Please support our sponsors: Helix Raycon See acast.com/privacy for privacy and opt-out information.
Nielsen v. Preap
August 25, 2020 07:00 - 49 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2019 case that denied immigrants who have committed certain crimes the right to a bond hearing, and illustrated the futility of objectively interpreting the law. Please support our sponsors: magicspoon.com/FIVEFOUR HelixSleep.com/FIVEFOUR jordanharbinger.com/subscribe See acast.com/privacy for privacy and opt-out information.
Boy Scouts of America v. Dale
August 18, 2020 07:00 - 40 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2000 case that allowed Boy Scouts to discriminate against gay scout leaders. See acast.com/privacy for privacy and opt-out information.
Milliken v. Bradley
August 11, 2020 07:00 - 51 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and special guest Leon Neyfakh (@Leoncrawl) discuss the 1974 case that effectively ended school desegregation efforts. See acast.com/privacy for privacy and opt-out information.
Term Recap: 2019-2020
August 04, 2020 07:30 - 53 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) look back at the most recent Supreme Court term. See acast.com/privacy for privacy and opt-out information.
Bennis v. Michigan
July 21, 2020 07:00 - 48 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about civil forfeiture, the practice that lets police seize private property if it’s suspected of being involved in a crime. See acast.com/privacy for privacy and opt-out information.
Epic Systems v. Lewis
July 14, 2020 09:00 - 46 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a decision that let employers pressure workers into signing away their rights to class action suits. Please support our sponsors: Magic Spoon Spotify Helix See acast.com/privacy for privacy and opt-out information.
Buckley v. Valeo
July 07, 2020 07:00 - 44 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about campaign finance in Buckley v. Valeo. The decision established that, when it comes to elections, money is speech based on the First Amendment. See acast.com/privacy for privacy and opt-out information.
Buckley v. Valeo
July 07, 2020 07:00 - 44 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about campaign finance in Buckley v. Valeo. The decision established that, when it comes to elections, money is speech based on the First Amendment.
Janus v. AFSCME
June 30, 2020 07:00 - 43 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) are joined by special guest Sam Bagenstos, professor at the University of Michigan Law School, to discuss a case that made it harder for unions to collect fees. Please support our sponsors: Raycon -- buyraycon.com/fivefour Spotify See acast.com/privacy for privacy and opt-out information.
Qualified Immunity
June 23, 2020 07:00 - 57 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) examine the doctrine of qualified immunity, which protects police and other officials from being sued for civil rights and other abuses. Please support our sponsors: Raycon -- buyraycon.com/fivefour Helix -- helixsleep.com/fivefour See acast.com/privacy for privacy and opt-out information.
Exxon Shipping v. Baker
June 17, 2020 09:00 - 45 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a decision that limited damages in the case of the Exxon Valdez oil spill, one of the worst environmental disasters in US history. The ruling also capped damages that can be sought in all maritime law cases. Please support our sponsor: Raycon -- buyraycon.com/fivefour See acast.com/privacy for privacy and opt-out information.
Bostock v. Clayton County, Georgia
June 16, 2020 12:30 - 25 minutesOn this week’s bonus episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the Court’s surprise decision affirming that the Civil Rights Act prevents employers from discriminating against people on the basis of their gender identity or sexual orientation. The hosts pay special attention to Justice Alito’s special dissent. See acast.com/privacy for privacy and opt-out information.
Bostock v. Clayton County, Georgia
June 16, 2020 12:30 - 25 minutesOn this week’s bonus episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the Court’s surprise decision affirming that the Civil Rights Act prevents employers from discriminating against people on the basis of their gender identity or sexual orientation. The hosts pay special attention to Justice Alito’s special dissent.
Hernandez v. Mesa
June 09, 2020 07:00 - 56 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about a case involving a Border Patrol agent who shot a teenager across the U.S.-Mexico border. The hosts are joined by Steven Vladeck, who argued the case before the Supreme Court on behalf of the victim’s family.
Hernandez v. Mesa
June 09, 2020 07:00 - 56 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about a case involving a Border Patrol agent who shot a teenager across the U.S.-Mexico border. The hosts are joined by Steven Vladeck, who argued the case before the Supreme Court on behalf of the victim’s family. See acast.com/privacy for privacy and opt-out information.
Burwell v. Hobby Lobby
June 02, 2020 07:00 - 46 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the religious freedoms enjoyed by corporations.
Burwell v. Hobby Lobby
June 02, 2020 07:00 - 46 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the religious freedoms enjoyed by corporations. See acast.com/privacy for privacy and opt-out information.
Buck v. Bell
May 26, 2020 07:30 - 47 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) go back to a 1927 case that gave rise to eugenics programs throughout the US. Please support our sponsors: Blinkist See acast.com/privacy for privacy and opt-out information.
Tison v. Arizona
May 19, 2020 07:00 - 48 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a 1987 case on felony murder, and whether it’s eligible for the death penalty. See acast.com/privacy for privacy and opt-out information.
Clapper v. Amnesty International
May 12, 2020 07:30 - 45 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a 2013 case that tested the National Security Administration's ability to conduct surveillance on Americans without probable cause. See acast.com/privacy for privacy and opt-out information.
The Biden Court
May 05, 2020 07:00 - 56 minutesOn this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss what’s at stake for the Supreme Court in the 2020 election, and what the Court might look like under Joe Biden. Please support our sponsors: Roman -- GetRoman.com/fivefour See acast.com/privacy for privacy and opt-out information.
DC v. Heller
April 28, 2020 07:00 - 50 minutesOn the eleventh episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss the 2008 ruling that granted individuals the right to own guns, breaking with more than a century of precedent. See acast.com/privacy for privacy and opt-out information.
Kelo v. New London
April 21, 2020 07:30 - 45 minutesOn the tenth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) take aim at the liberals on the Court who ruled that the government can seize people’s land and hand it over to private developers. See acast.com/privacy for privacy and opt-out information.
Castle Rock v. Gonzales
April 14, 2020 07:30 - 51 minutesOn the ninth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about a domestic violence case in Colorado that led to the death of three children and a Supreme Court ruling that affirmed a broad vision of police discretion. See acast.com/privacy for privacy and opt-out information.
Emergency Episode: RNC v. DNC
April 08, 2020 16:45 - 22 minutesOn a special episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the Supreme Court’s decision to block the state of Wisconsin from accepting late absentee ballots in the midst of the COVID-19 pandemic. See acast.com/privacy for privacy and opt-out information.
Trump v. Hawaii
April 07, 2020 07:30 - 48 minutesOn the seventh episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2018 travel ban case, which tested the Supreme Court’s willingness to serve as a check on Donald Trump. See acast.com/privacy for privacy and opt-out information.
NFIB v. Sebelius
March 31, 2020 07:30 - 51 minutesOn the sixth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) take on the Obamacare ruling in 2012, which isn’t as great as ACA fans might think. See acast.com/privacy for privacy and opt-out information.
Terry v. Ohio
March 24, 2020 07:30 - 59 minutesOn the fifth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 1968 ruling by the Warren Court that that paved the way for stop-and-frisk laws around the country. See acast.com/privacy for privacy and opt-out information.
Shelby County v. Holder
March 17, 2020 13:15 - 51 minutesOn the fourth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2013 ruling by the Roberts Court that defanged a key component of the Voting Rights Act. See acast.com/privacy for privacy and opt-out information.
Fisher v. University of Texas
March 10, 2020 07:30 - 51 minutesOn the third episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the affirmative action case that flipped the Equal Protection Clause on its head. See acast.com/privacy for privacy and opt-out information.
Citizens United v. FEC
March 03, 2020 08:30 - 50 minutesOn the second episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra), talk about the 2010 ruling that used the First Amendment as a basis for unleashing corporate spending in politics. See acast.com/privacy for privacy and opt-out information.
Bush v. Gore
February 25, 2020 08:30 - 45 minutesThe debut episode of 5-4, presented by Leon Neyfakh (@leoncrawl) and hosted by Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra), focuses on the ruling that ended the 2000 Florida recount and put George W. Bush in the White House. See acast.com/privacy for privacy and opt-out information.
Official Trailer: 5-4
February 04, 2020 20:26 - 1 minuteAt a moment when the U.S. Supreme Court's influence on American life has never been more obvious, 5-4 offers an irreverent take on the high court's past. Each episode focuses on a pivotal, historical case in which the justices screwed up in some way. 5-4 balances humor with analysis as legal commentators Peter, Rhiannon, and Michael dissect the legal reasoning and practical outcomes of the Court's most questionable and misguided decisions. Slow Burn co-creator Leon Neyfakh narrates the facts ...