5-4

By Prologue Projects

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Subscribers: 455
Reviews: 7


 Feb 9, 2021

Brendan
 Feb 5, 2021


 Jan 19, 2021


 Oct 6, 2020

Martin
 Sep 23, 2020
Excellent combination of informative & irreverent.

Description

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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Episode Date
McCleskey v. Kemp ft. Josie Duffy Rice
49:14

The hosts are joined by Josie Duffy Rice of The Appeal to discuss another death penalty case — McCleskey v. Kemp. In this 1987 decision, the Supreme Court held that statistical evidence of systemic racial disparities is not enough to prove discrimination. Instead, defendants have to show that individual prosecutors, judges or juries pursued them with racist intent. As a result, states were basically let off the hook for perpetuating systemic racism in death penalty cases.


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Feb 23, 2021
Atkins v. Virginia
57:32
The hosts discuss Atkins v. Virginia, a case in which the Supreme Court held that it is unconstitutional to impose the death penalty on people with intellectual disabilities. But the Court also created a loophole by allowing states to decide the standard for who qualifies as intellectually disabled. As a result of the Court’s lack of clarity, some states have continued to execute people with intellectual disabilities to this day.

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Feb 16, 2021
US v. Morrison
49:41

The hosts discuss a case in which the Supreme Court struck down a provision of the Violence Against Women Act (VAWA) that allowed women to sue abusers in federal court for damages. In the process, the Court constrained the ability of Congress to regulate interstate commerce, not only weakening an important civil rights law, but also making it more difficult for Congress to pass progressive legislation going forward.


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Feb 09, 2021
Navarette v. California
49:30

Your hosts discuss Navarette v. California, which held that an unverified anonymous tip about reckless driving could be sufficient grounds for the police to pull over a car. The case exemplifies how deferential the Supreme Court is to police power, and has resulted in an increased reliance on anonymous tips by the cops, and a corresponding erosion of citizens’ privacy rights.


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Feb 02, 2021
Morse v. Frederick
40:20
In 2002, a student held up a banner that said “Bong Hits 4 Jesus” at an Olympic torch relay, in full view of his classmates and teachers. When he was suspended, he claimed his banner was protected free speech under the First Amendment. The Supreme Court disagreed. In this episode, your hosts discuss the contours of student free speech, the Court’s puritanical moralizing on marijuana, and the importance of absurdist speech in creating real change.

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Jan 26, 2021
The Rise and Fall of Roe v. Wade, Pt. 2
1:00:13
In the second part of a two-episode series on abortion rights, the hosts discuss Planned Parenthood v. Casey, a 1992 case in which the Supreme Court made it easier for states to restrict abortion access so long as abortion regulations don’t create an “undue burden.” The vague standard set lawmakers on a new path of attacking abortion access and fueled anti-abortion groups’ efforts to spread stigma and misinformation, setting up Roe v. Wade for a death by a thousand cuts.

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Jan 19, 2021
The Rise and Fall of Roe v. Wade, Pt. 1
54:21
The 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.

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Jan 12, 2021
5-4 x Know Your Enemy
1:24:30

Peter, 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.


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Dec 29, 2020
Herrera v. Collins
49:11
The 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.

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Dec 15, 2020
Roman Catholic Diocese v. Cuomo
43:13

The 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.


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Dec 08, 2020
Ashcroft v. Iqbal
55:38

The 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.” 

 

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Dec 01, 2020
Arizona Free Enterprise v. Bennett
47:08

The 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 likely they are to affect the Biden victory.

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Nov 17, 2020
The Courts Can’t Save Him
52:16

The 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.  

 

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Nov 10, 2020
Reliving Bush v. Gore
1:00:06

The 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. 

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Nov 03, 2020
How to Fix the Court feat. Rep. Ro Khanna
1:12:05

The 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.

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Oct 27, 2020
Rucho v. Common Cause
59:36

The 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. 

 

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Oct 20, 2020
The Electoral College Coup Is Coming
47:41

The 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.

 

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Oct 13, 2020
“What if Trump Dies?” And Other Questions
1:01:24

The 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.

 

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Oct 06, 2020
Amy Coney Barrett is a Right Wing Freak
49:05

The 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.

 

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Sep 29, 2020
What RBG Didn't Understand
45:50

On 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.

 

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Sep 21, 2020
LA v. Lyons
41:28

On 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 then, particularly after the 2014 death of Eric Garner.

 

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Sep 15, 2020
Voting Rights
50:00

On 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.

 

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Sep 08, 2020
Flood v. Kuhn
45:05

On 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.

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Sep 01, 2020
Nielsen v. Preap
49:14

On 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.  

 

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Aug 25, 2020
Boy Scouts of America v. Dale
40:20
On 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.

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Aug 18, 2020
Milliken v. Bradley
51:03
On 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. 

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Aug 11, 2020
Term Recap: 2019-2020
53:41
On 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.

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Aug 04, 2020
Bennis v. Michigan
48:09
On 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.

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Jul 21, 2020
Epic Systems v. Lewis
46:57

On 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. 

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Jul 14, 2020
Buckley v. Valeo
44:54
On 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.

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Jul 07, 2020
Janus v. AFSCME
43:23

On 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.

 

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Jun 30, 2020
Qualified Immunity
57:03

On 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.

 

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Jun 23, 2020
Exxon Shipping v. Baker
45:16

On 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.

 

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Jun 17, 2020
Bostock v. Clayton County, Georgia
25:45
On 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.  

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Jun 16, 2020
Hernandez v. Mesa
56:54
On 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.

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Jun 09, 2020
Burwell v. Hobby Lobby
46:01
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the religious freedoms enjoyed by corporations.

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Jun 02, 2020
Buck v. Bell
47:20

On 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.

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May 26, 2020
Tison v. Arizona
48:06
On 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.

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May 19, 2020
Clapper v. Amnesty International
45:06
 On 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.

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May 12, 2020
The Biden Court
56:28

On 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. 

 

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May 05, 2020
DC v. Heller
50:37
On 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. 

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Apr 28, 2020
Kelo v. New London
45:45
On 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. 

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Apr 21, 2020
Castle Rock v. Gonzales
51:19
On 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. 

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Apr 14, 2020
Emergency Episode: RNC v. DNC
22:36
On 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. 

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Apr 08, 2020
Trump v. Hawaii
48:09
On 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. 

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Apr 07, 2020
NFIB v. Sebelius
51:06
On 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.

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Mar 31, 2020
Terry v. Ohio
59:42
On 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.

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Mar 24, 2020
Shelby County v. Holder
51:40
On 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. 

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Mar 17, 2020
Fisher v. University of Texas
51:33
On 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.  

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Mar 10, 2020
Citizens United v. FEC
50:40
On 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. 

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Mar 03, 2020
Bush v. Gore
45:08
The 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. 

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Feb 25, 2020
Official Trailer: 5-4
1:47
At 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 and historical context around the case-of-the-week. 

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Feb 04, 2020