5-4
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5-4

Author: Prologue Projects

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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 at the heart of the Court's most important landmark cases; an irreverent tour of all the ways in which the law is shaped by politics.


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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, and hosted by Rhiannon Hamam, Peter Shamshiri, and Michael Morbius. 5-4 is a production of Prologue Projects.



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212 Episodes
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United States v. Jones

United States v. Jones

2024-03-2647:542

The Court does not want you to plead not guilty by reason of insanity and to enforce that, they'll happily sign off on you being institutionalized for far longer than the prison sentence that you would have served.  You'll need a mental health day after this one for sure.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
Illinois v. Caballes

Illinois v. Caballes

2024-03-1946:542

This is the story of a man with the worst luck in the whole world, and how Jay-Z called the whole thing.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.  Hosted on Acast. See acast.com/privacy for more information.
Trump v. Anderson

Trump v. Anderson

2024-03-0749:341

We're joined by Balls and Strikes' Jay Willis in this emergency episode to talk about Trump v. Anderson, which challenged Colorado removing Trump from the primary ballot. In a shocking twist, the Court held that Colorado can't do that. JK that's not shocking - the twist is that the dogs you hear barking in this episode are Jay's, not Michael's.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
The legal academy is losing its mind. Good news for us, the profs are talking about their broken brains in the New York Times. Today on the show, Peter, Rhiannon, and Michael discuss “The Crisis in Teaching Constitutional Law” by Jesse Wegman to snark on the state of legal education.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Benjamin Frisch is our producer for this episode. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
Nixon v. Fitzgerald

Nixon v. Fitzgerald

2024-02-2701:00:282

You can't sue the President if they wronged you, as long as what they did was in the course of their official duties. And maybe possibly if they did it out unofficially out of spite, or because they were just feeling crimey that day. Thank goodness we have this fantastic precedent to help us deal with Trump's many cases!If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.  Hosted on Acast. See acast.com/privacy for more information.
Maryland v. Shatzer

Maryland v. Shatzer

2024-02-2050:031

Groundhog Day but make it interrogation. The Supreme Court says cops are welcome to keep hauling you in for questioning as long as they honor an arbitrary waiting period. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
Let's burn this motherfucker down metaphorically speaking OF COURSE! Today we're talking about how to counter Fed Soc's influence on campus and in the courts. The game plan isn't to copy their strategy - it's to play to the left's strengths.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.  Hosted on Acast. See acast.com/privacy for more information.
The greatest trick the Devil ever pulled was convincing the world he didn’t exist. He learned it from the Federalist Society, by watching them steadily shift the terms on which all contemporary legal issues are argued. Now even progressive jurists feel compelled to debate the debate club on its own turf. The Devil is duly impressed.For more about what Fed Soc hath wrought, check out Amanda Hollis-Brusky's Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford University Press, 2019).If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. This episode was fact-checked by Arielle Swedback. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
First you get the money, then you get the power. But FIRST first you get the law students. This week we're exploring the tentacles of the Federalist Society, and how a so-called debate club pulls levers across government, the legal profession, and academia, to achieve its conservative ideological goals.Hear more from this episode's contributors:Vanessa A. Bee is the author of HOME BOUND: An Uprooted Daughter’s Reflections on Belonging (Astra Publishing, 2022).Andrea Bernstein's reporting with ProPublica and WNYC, about Leonard Leo, is available on On The Media's "We Don't Talk about Leonard" series.Nancy Gertner is the author of In Defense of Women: Memoirs of an Unrepentant Advocate (Beacon Press, 2011).Jon Hanson is the director of Harvard Law School's Systemic Justice Project, a problem-centric alternative to the traditional legal-educational mode.Amanda Hollis-Brusky is the author of Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford University Press, 2014).If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. This episode was fact-checked by Arielle Swedback. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.  Hosted on Acast. See acast.com/privacy for more information.
There's a powerfully connected right-wing organization operating at every elite law school in the nation. It built itself by leveraging the conservative victim complex, the Reagan revolution, networks of judges and activists, and cold hard psycho millionaire cash.  This is the story of the Federalist Society.If you can't get enough of these monsters, you may want to read The Rise of the Conservative Legal Movement: The Battle for Control of the Law (Princeton, 2008) by Steven Teles, or listen to ProPublica and WNYC's "We Don't Talk About Leonard" series on On the Media.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin and this episode was fact checked by Arielle Swedback. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
Every year we like to shout out organizations that inspire us or have deeply embarrassing kompromat on us. Good luck guessing which is which!https://www.icareaboutcoral.org/https://shoutyourabortion.com/https://www.assignedmedia.org/https://www.librariesforthepeople.org/https://palestinianfeministcollective.org/https://www.newalternativesnyc.org/https://www.projectstreetvet.org/https://fa.urbanjustice.org/donate/https://secure.actblue.com/donate/eoy2023plIf you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.  Hosted on Acast. See acast.com/privacy for more information.
This episode was available early to Premium members. If you'd like that kind of perk, consider joining at fivefourpod.com/support.Ryna Workman and Jinan Chehade were both knocked off the Big Law course they thought they were on, after expressing solidarity with Palestine. Now they're on a mission to make some good trouble.Thanks for being a 5-4 Premium member! Your support means the world to us!5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
Ryna Workman and Jinan Chehade were both knocked off the Big Law course they thought they were on, after expressing solidarity with Palestine. Now they're on a mission to make some good trouble.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.  Hosted on Acast. See acast.com/privacy for more information.
It's basically impossible to amend our crummy Constitution, as demonstrated by the litany of proposed amendments that have face planted directly into the dustbin of history. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.  Hosted on Acast. See acast.com/privacy for more information.
Our nation has laws, procedures, and courts for settling labor disputes. But what if you're a concrete company and you don't wannnnnnnnnnnnnna go through the system that Congress authorized specifically for this purpose? Then you take it to state court baybeeee - and see if SCOTUS will let you sneak out of the National Labor Relations Board process.Hey, did you know that if you're not a 5-4 Premium member, you're not hearing every episode? To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
Get a load of this - this guy accepted a SALARY for TEACHING at a SCHOOL. Simply not Supreme Court justice material.  Get the guy who sold a house to a billionaire instead.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.Read the book that inspired this episode: Battle for the Marble Palace by Michael BobelianMassive thanks to Workers Defense Project in Austin for opening their offices up to us for taping. You can show them some love here! https://workersdefense.org/en/5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
Richardson v. Ramirez

Richardson v. Ramirez

2023-11-2139:021

We want to dedicate this episode to Vermont and Maine, the only two states in this whole goddamn country that let everyone exercise their Constitutional right to vote. What are they putting in that syrup? Everywhere else, you've got Richardson v. Ramirez to thank for the movement to disenfranchise people who've been caught up in the criminal punishment system.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.  Hosted on Acast. See acast.com/privacy for more information.
Schenck v. United States

Schenck v. United States

2023-11-1454:183

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 Know Your Enemy: Elon Musk, the Jews, and the ADL, with Mari Cohen, Alex Kane, and Peter Beinarthttps://www.dissentmagazine.org/blog/know-your-enemy-elon-musk-adl/If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
A Note From Rhiannon

A Note From Rhiannon

2023-11-0706:251

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 on Acast. See acast.com/privacy for more information.
A conversation about Legally Blonde has to do with the Supreme Court … how? Because we assume in Elle's universe she's now chief justice, and John Roberts teaches PE at a middle school in Buffalo.5-4 Premium members get this full episode, and our extensive back catalogue of Premium-only episodes. To make sure you can hear every episode we release, and get access to our Slack community, first dibs on live show tickets, invites to monthly events and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.
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Comments (27)

Saba Shehzadi

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Feb 4th
Reply

Alexander Boulton

Maybe a better way to phrase it would be, "You have the right to refuse interrogation."

Jan 24th
Reply

Alexander Boulton

Let's be clear, Tompkins PROBABLY shot that kid. But that's not the important thing. The important thing is that he had his rights violated.

Jan 23rd
Reply

elwags

So illuminating.

Jul 27th
Reply

Chayla Freeman

You guys are wrong on this one. I don't disagree with the need for labor laws and protections. I believe in unions and the public good they render. However, unions are private entities. They are not government licensing or safety bodies. They are not affiliated with any government office on the local, state, or federal level. Not OSHA or depart of labor, or EEOC. Passing a regulation to force private companies to allow other private organizations to enter their property and interrupt their business activities 3 hours a day uolp to 120 days. Assuming calendar days and not business days, this is a third of the year. If business days, then this is almost HALF!!

Apr 30th
Reply (1)

Kira T

starting to wonder if ticky-tack is lawyer slang or smth because I swear one of them says it once per episode and I've never heard anyone else say it

Apr 19th
Reply

Crystal Poczynek

You guys are so bad lmao

Feb 3rd
Reply

Rosie P

Horrifying.

Jun 28th
Reply

Will Shogren

Crooked Media, fucking lol.

Sep 27th
Reply

Tony

libelous and deranged.

May 4th
Reply

Max wagon

if they'd cut down on the giggling and laughing it would be great. but I can't listen to it as is.

Oct 6th
Reply

casey neal

this is the podcast equivalent of doomscrolling. 10/10.

Sep 29th
Reply

Quinten Lansu

I have an unhealthy obsession with American politics (I'm Dutch) and this podcast scratches that itch exactly!

Sep 26th
Reply

Eric Henningfeld

all the conservatards mad because they say true things about the cops lololol

Jul 23rd
Reply

ID19106095

This program is nothing but a group of socialist (presumably millennial) police hating, leftist bafoons who want to sit and bash the Supreme Court and our American Justice system. I am a Constitutionalist, and I believe in strict adherence. Granted, the Supreme Court does in fact often make bad decisions that are contrary to the Constitution, but in so far as this specific program on Qualified Immunity, these so called “attorneys” truly show their ignorance. Apparently these “attorneys”, who are so disgusting and disrespectful towards law enforcement, had to start this podcast program because no law firm would actually hire their idiot rear-ends. They are not attorneys, they are just activists. Perhaps if they studied and better understood UOF issues, and had a better understanding of actual police tactics performed in accordance with the rule of law, not to mention if they told the entire fact pattern of specific cases rather than cherry-picking what they share to benefit their progre

Jul 8th
Reply (2)

Brittany

I absolutely love this show! I especially love hearing different perspectives on cases I had to read during law school. It's almost enough to make me want to go back to law school to discuss the cases again...almost.

Apr 13th
Reply

Jake Miller

🔥 ep

Apr 8th
Reply

Johnny Hamilton

From the two comments that I have read, clearly this podcast appears to be an anti-conservative, left-wing attack on the Supreme Court. I’ll remind all of you who are listening to this podcast that the Supreme Court is there to maintain the balance when compared to the constitution. It is not there to make law. It is not there to promote an agenda. It is there to verify the constitutionality based on the constitution, not personal feelings. I’m going to start listening, because to make an opinion and post it here in the comment section without doing so would be unfair. But, I do have a feeling that I’m going to be disappointed. We’ll have to see.

Mar 13th
Reply (4)

efroh

Love this show! Thanks so much for researching and producing it. I've learned a lot. Would appreciate a show that talks about the threat posed to Chevron review and the greater conservative project to destroy good governance once y'all get through going through the Court's worst recent decisions.

Mar 10th
Reply

Stephanie Taylor

🔥🙌 damn...SCOTUS be fu*!ed

Mar 8th
Reply
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