5-4

The Supreme Court says there's simply no time before elections that are months away, to redraw racist Congressional district maps, that took all of one week to make initially.  If you're a fan of democracy that probably sounds bad, but listen, nothing in the Constitution explicitly says that fascism is expressly prohibited. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael...

Do you like reboots? You're gonna love The Lochner Era 2: Return of the Robber Barons ! Featuring all of the union-busting, labor-exploiting, children-working-in-a-coal-mine of the original Gilded Age, but now with 100 percent more campaign spending by corporations! The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivef...

This episode contains references to physical abuse of children. Take care when listening. The standing law on corporal punishment - physically punishing children - in schools, is that it's legal because 8th Amendment protections against cruel and unusual punishment only applies to CRIMES. Failure to get your keister in line mister, is not a crime, and therefore, punishable by beating. Follow P...

Racism equals bad so acknowledging race bad too so reverse racism real so white girl go to preferred school, yes? Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.co...

This long-lost amendment gives you rights that our founding fathers, even in their wildest dreams, couldn't enumerate. So that's kind of a problem for modern conservatives. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod.  Hosted on Acast. See acast.com/privacy for more information. Our Sponsors: * Chec...

In this ongoing case, the Court holds that requirements that employees mask and test weekly, or get vaccinated, cannot be enforced while a challenge makes its way through the judiciary. It's good news for … I don't know, hermits living in caves who never interact with humans, or people who are already dead? For everyone else, it's not so great. Follow Peter (@The_Law_Boy), Rhiannon (@A...

Go-go-gadget surveillance state! In this case the Court holds that cops can hover a helicopter over your house and peer into it without a warrant. That set a new standard for the Fourth Amendment - namely that it doesn't really exist, and if you wanted privacy then you should have been richer. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you&#...

This week, 5-4 is inviting you to check out an episode of Scene on Radio , from the Center for Documentary Studies at Duke University. Scene on Radio asks big, hard questions about who we are, and how we got this way. This season, "The Repair," they're focusing on the climate crisis, and in this episode they're looking at the creative ways we can use the law to protect nature and f...

Welp, 2021 wasn't a banner year for reproductive rights, and 2022 is looking worse. That's why it's worth revisiting this episode about Roe v. Wade. In this first episode of a two-part series, the hosts 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...

In the second part of this 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' effo...

We're sorry for bumming you out all year - but the antidote to a crumbling democracy is mutual aid! In this episode we've got some organizations that you can share your resources with, to help take the edge off of 2021's agony. Happy New Year! Better luck next year! Here are links to the organizations that we talk about in this episode: The Legal Aid Society of New York City - https://...

This week, 5-4 is inviting you to check out an episode of The Politics of Everything, from The New Republic: Today’s youth are overwhelmingly left-wing. So who are the young conservatives? On this episode of The Politics of Everything, hosts Laura Marsh and Alex Pareene talk to Sam Adler-Bell, a writer and the host of the podcast Know Your Enemy, about an energetic cohort who call themselves the N...

On the 12th day of Christmas, the Warren Court gave to us: Loving Day on June 12th; 11 December 1952 - final day of argument in Brown v. Board of Education of Topeka; Nationalization of the first ten amendments; Nine concurring justices; (8-1 in Reynolds v. Sims); Seven birth control pills a week; Sixth Amendment right to counsel; Five Miranda rights; Fourth Amendment protections; Three expansions...

Let us now bow our heads in observance of this episode about why the Supreme Court thinks it's OK for a government to have prayer before public meetings, but NOT OK for the town to manage who gives that prayer or what they pray about. Amen. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Learn more about how you can help get the Judiciary Act passed...

Robert Bork, a Regan nominee to the Supreme Court, showed the depth of his reactionary views during his confirmation hearings, and as a result, was voted down. That kicked off three decades of conservative whining and moaning and retribution, which continues to haunt us today.  This is why we drink. The full version of this premium episode is available exclusively to our Patreon supporters. To joi...

What's the return on investment on not having an asthma attack? If you can't count it, it doesn't count, according to the majority in this 5-4 ruling, which turned back EPA rules on mercury emissions from power plants. As a result, the power industry won't be burdened by those costly regulations, so you can breathe easy. LOL. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) an...

Senator Sheldon Whitehouse (D-RI) joins us to talk dark money, judicial nominations, and whether the Democrats have any hope of getting things done without filibuster reform. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. ERRATUM: At 17:10 Senator Whitehouse refers to a study of 78 Roberts court era decisions . He incorrectly states that 72 of the case...

A foreign "prisoner of war" can communicate with their family. An American "traitor" can argue their case in court. An American "enemy combatant" can do neither, according to the Supreme Court, creating a third category of prisoner with very few legal rights. America immediately post-9/11 was very chill and normal. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and M...

Oof, this is a tough one: Protect the Constitutional rights of actual people, or clutch the vague concept of "federalism" in my grubby little hands like Gollum with that ring. TBH probably gonna go with my precious.  Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Learn more about Expand the Court Lobby Day at https://demandjustice.org/podcast ....

When a Supreme Court Justice tells you he's totally legitimate and not part of a secret cabal 🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit  www.patreon.com/fivefourpod .  Hosted on Acast. See acast.com/privacy for more information. Our Sponsors: * Check out Quince and use my code quince.com/fivefour fo...

The 2022 Supreme Court term is shaping up to be pretty gnarly. We brought on The Nation's justice correspondent, Elie Mystal, to walk us through the cases he's watching. Patreon subscribers get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more. Jealous? Join at patreon.com/fivefourpod. Follow Elie on Twitter @elieNYC. Hosted on Acast. See a...

This case originates out of an incident at opposite Burning Man, a ski race in Alaska called Arctic Man. The ruling is about opposite free speech, wherein the justices vote to protect cops' First Amendment right to accidentally say the quiet part out loud when they're doing a retaliatory arrest.  Patreon subscribers get ad-free case episodes, premium episodes, invitations to exclusive even...

A treaty or law not honored by the United States? It's more likely than you think! In a rare child custody case, the Supreme Court rules on the Indian Child Welfare Act, and finds that when you squint your eyes and look at the law kinda sideways in the dark, Congress must not have meant for the law to actually keep Native families together. Land back. Listen to This Land with Rebecca Nagle , s...

Liberty and the pursuit of justice for landlords and landlords only. In this episode, the hosts talk about how the Supreme Court contorted its reading of the law to deny the Centers for Disease Control the ability to ban eviction during the pandemic. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit  www.patreon.com/fivefourpod .  Hosted on...

In this emergency episode, the hosts discuss Whole Woman’s Health v. Jackson, the case where the Supreme Court declined to stay SB8. SB8 is the monstrous Texas law that allows anyone to sue anyone who even intends to help someone get an abortion after 6 weeks of pregnancy. The effect is that while very early term abortions are still legal in Texas, private individuals have been deputized to bounty...