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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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172 Episodes
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The death penalty has a long, ugly, racially-motivated history in the United States. Let's dig into the state's monopoly on violence and see what terrible things it reveals about us as a nation, shall we?The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
United States v. O'Brien

United States v. O'Brien

2023-05-2340:571

War, huh, yeah. What is it good for? Curtailing the First Amendment!If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
As the Court has moved right, it's been using the "shadow docket" to execute on more of its agenda. Previously reserved for emergencies, like stays of executions, the process of hearing cases outside of the Court's ordinary calendar is now frequently used to issue unsigned and unexplained decisions that overturn the status quo. We'll dig into it with University of Texas School of Law professor Steve Vladeck, and author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.]5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Palmer v. Thompson

Palmer v. Thompson

2023-05-0255:112

Jackson, Mississippi out here with the supervillian-level attitude towards public goods - "if I have to share, then no one can have it."If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Just to refresh your memory - bribery is when you write "bribe in exchange for your vote" on the memo line of a check, OR when you sign a contract saying you are doing bribes and then drop a pillowcase full of cash off at someone's office while multiple DOJ officials are watching.  A billionaire ferrying a public official around on his private jet and super yacht, while he sits on the board of multiple organizations that are trying to influence the Court, is NOT bribery. It's just friends bein' friends!The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
Ewing v. California

Ewing v. California

2023-04-1858:371

The tension is palpable with the count tied at 3-2 … the defendant steps up to the plate and … OH! Swing and a miss! That's the third strike for our defendant which means the Court is going home with the win and the defendant is going to jail forever!  Tax payers will also move down in the standings; they'll be footing the bill for senseless incarceration for 25 years to life. The 8th Amendment also takes a hit with this loss, moving down from "Constitutional law" to "that's just your opinion, man."If you think this episode description is dumb, wait until you hear the rationale in the decision.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Well if intimidating minority voters, issuing memos in support of school segregation, and moving into a neighborhood that bars Jews from owning homes there makes you a segregationist ……then William Rehnquist was a segregationist.  A man who served as Chief Justice of the Supreme Court. Until 2005. The same year Gorillaz released "Feel Good Inc." The year Wedding Crashers came out. It's Always Sunny in Philadelphia premiered BEFORE this man left the bench. Please do not let your takeaway here be "man I feel old."If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
This episode contains discussions about the right to die, end of life matters, and suicide, which may be uncomfortable for some listeners. If you or someone you know is struggling with thoughts of suicide, please seek help immediately. Resources and support for those in need can be found at the National Suicide Prevention Lifeline at 988lifeline.org, or by dialing 988. Please take care while listening.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Thanks to Erin Hawley, who reviewed this episode and helped us make it better. You can find her online at geekygimp.com.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
We're back with another episode of Rhiannon's movement lawyering series! In this episode, Rhiannon talks with Palestine Legal's senior staff attorney Radhika Sainath and staff attorney Dylan Saba about their mission to protect Palestinian activists from harassment, and the power of intersectional liberation movements.The full version of this premium episode is currently available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Palestine Legal (@pal_legal), Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter and Instagram. Hosted on Acast. See acast.com/privacy for more information.
Breaking news! It's not just the Supreme Court that sucks - it's ALSO the executive and legislative branches!  This week we're sharing Michael's appearance on Bloc Party, talking about how oral arguments went down in the SCOTUS cases that could make or break Biden’s student loan cancellation initiative.  Eleni Schirmer from the Debt Collective also joins in, to cringe at Roberts’ lawnmower commentary and reflect on the way Biden is (or more notably…is not) exercising his executive authority. Bloc Party is a show from Justice Democrats about the fight for the soul of the Democratic Party, featuring progressive champions challenging the status quo from inside the halls of power and the organizers transforming the party’s agenda from the outside. You can find it wherever you found this podcast.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
What does a military contractor have in common with Justice Antonin Scalia? They both manufacture things! The contractor manufactures helicopters with faulty escape hatches. Scalia manufactures, out of whole cloth, new laws about who can be held liable for deaths. Neither of them care if you live or die, as long as the designs are to spec!5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Recorded live at Stateside at the Paramount! Join us as we skewer Texas judges (not literally!), teach a robot to argue before the Supreme Court, and answer the question that has haunted this podcast from the very beginning: Who IS Leon Neyfakh? The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
This week, 5-4 invites you to check out an episode of Unreformed: the Story of the Alabama Industrial School for Negro Children, hosted by friend-of-the-pod Josie Duffy Rice.In 1968, police arrested five Black girls dressed in oversized military fatigues in Montgomery. The girls were runaways, escaping from a state-run reform school called the Alabama Industrial School for Negro Children in Mount Meigs, Alabama. The girls were determined to tell someone about the abuse they’d suffered there: physical and sexual violence, unlivable facilities, and grueling labor in the fields surrounding the school. It was, as several former students called it, a slave camp.UNREFORMED is the story of how this reform school derailed the lives of thousands of Black children in Alabama for decades and what happened after those five girls found someone willing to blow the whistle. Host Josie Duffy Rice investigates the history of the school at the tail end of the Civil Rights movement in Alabama and speaks to former students who are still haunted by their experience but had the will to survive.If you like Unreformed, you can find it here: https://www.iheart.com/podcast/1119-unreformed-the-story-of-t-107005437/ Hosted on Acast. See acast.com/privacy for more information.
It's not easy being a kid. Especially when the state thinks you don't have any constitutional rights. Thank goodness for this week's case, In re Gault, where the Court decides you can have a little rights, as a treat. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
You know and hate qualified immunity, which allows cops to get away with murder. Now meet prosecutorial immunity, the judge-made doctrine that allows prosecutors to get away with the death penalty. Prosecutorial immunity shields prosecutors from the consequences of their actions - whether it's putting witnesses they know are lying on the stand, withholding exculpatory evidence, or retaliating against you for refusing a plea. APAB.The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
Connick v. Thompson Encore

Connick v. Thompson Encore

2023-02-1401:00:093

What is the greater crime? Missing a recording and pushing an episode back by a week … or using the full power of the state to prosecute a man for something he did not do, confining him in solitary as he awaits execution, and then appealing the remedy that he is awarded when exculpatory evidence (that the prosecution probably hid from the defense) resurfaces? Anyway, here's an encore of Connick v. Thompson to help you get hype for next week's Premium episode about prosecutorial immunity.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.]5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
Recorded live at Harvard Law School's Corporate Capture of the Legal System conference, we're talking about Jones Day. The law firm jumps into bed with all manner of villains with the justification that "everyone deserves representation." But as David Enrich, business investigations editor at The New York Times writes in his new book “Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice," what Jones Day actually does goes far beyond "representation."If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
In this case from 1944 the Court decides that arresting someone on "suspicion of being Japanese" and putting them in a concentration camp is not racially motivated. And while we're at it, don't call it a "concentration camp," that makes the justices feel icky.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod.Our email is fivefourpod@gmail.com Hosted on Acast. See acast.com/privacy for more information.
Here at 5-4 HQ we get a lot of questions. And while we can't answer the ones from our parents, about what we're doing with our lives, we CAN answer your questions about the law.The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our assistant producer is Arlene Arevalo. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
Giles v. Harris

Giles v. Harris

2023-01-1739:261

Don't get it twisted: "the point" whizzing high over the heads of Supreme Court justices is a tradition as old as the Court itself. This case, where the Court holds that it cannot declare discriminatory voter registration unconstitutional because that would "legitimize it," proves our case.Tickets are selling fast for our Austin live show on Friday, February 24th! Get yours here: https://tickets.austintheatre.org/9063/9064You know who already knew about the live show tickets? 5-4 Premium members. In addition to all the other perks, they get first dibs on event tickets. To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
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Comments (22)

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

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 progressive adgenda, the program would actually be worth listening to. I was initially excited for this program, but I’m sadly disappointed with this show. I won’t waste my time listening again.

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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