5-4

The United States has a long, complex, and often contradictory history of firearm regulation. Clarence Thomas reached into that history, selected the parts he liked, discarded the parts he didn’t, and used it to overturn New York’s longstanding handgun licensing law.  Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, yo...

Continuing its trajectory of abandoning tests that don't pass the vibe check, the Supreme Court ruled that states can prosecute crimes committed by non-Natives on Native land.  The holding overturns literally centuries of precedent and clears the way to eliminate tribal sovereignty all together. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you...

Live from the People's Parity convening in Washington, DC, we're talking about free speech and the right's obsession with cancel culture. We're digging into what speech the conservative legal movement thinks is worth protecting (such as the heavenbound prayers of a humble junior varsity football coach) and what speech is not (all other speech). The full version of this premium epis...

Senator Elizabeth Warren, we can only assume against the advice of counsel, agreed to come on 5-4. We talked about the filibuster, the Democratic response to Dobbs, and Peter and Michael's beards. Hosted on Acast. See acast.com/privacy for more information. Our Sponsors: * Check out Quince and use my code quince.com/fivefour for a great deal: https://www.quince.com * Check out Quince and use m...

Imagine you are given a month and a half head start on a race. Do you A) start running, B) wait around until the official start time to run, or C) act surprised when the race starts and chastise any of your teammates who tell you that it's time to start running?  If you chose C, congratulations, you are the Democratic Party responding to the Dobb decision! Follow Peter (@The_Law_Boy), Rhiannon...

John Roberts has decided that the standard for whether or not something is a "major question" is whether or not it "raises an eyebrow." But like, let's not beat around the bush, John - you can just say vibe check. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.   If you're not a Patreon member, you're not hearing every episod...

In this case from the most recent term, the Court once again says we should look to history and tradition to determine what's appropriate. Which is gonna be a tough one to parse, because the founders didn't really give us a strong sense of how they felt about junior varsity football games at public high schools. Probably because none of those things had been invented yet. Follow Peter (@Th...

This episode contains descriptions of violence against a child that may be challenging for some listeners. Please take care while listening. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not.a member of our Patreon, you're not hearing every episode of 5-4. To get exclusive episodes, access to live events, and membership in our Slack...

The Supreme Court has released the long-awaited Dobbs v. Jackson Women's Health Organization decision. The news is bad. Ruling in favor of Mississippi, the Court allows the state to ban nearly all abortions after 15 weeks. The opinion is written by Justice Samuel Alito, and is largely the same as the opinion that was leaked earlier this year. Alito writes, "The Constitution does not confer...

In this case the Court holds that you have no right to sue a federal official, even if a border agent trespasses on your property, knocks you to the ground, and calls the IRS on you for having the gall to file a complaint about it. So if you're keeping track at home, the Court is saying that First Amendment and Fourth Amendment don't actually mean anything. Follow Peter (@The_Law_Boy), Rhi...

The hosts were recently guests on Know Your Enemy, talking about the origins of the conservative legal movement, and its decades-long campaign to overturn Roe v. Wade. This episode is part of a series they're calling "How They Did It," about the likely reversal of Roe. If you like this episode, you find Know Your Enemy wherever you get your podcasts. To get premium Patreon-only episode...

This week, the hosts use a variety of film and television references to try and capture the pure villainy of a recent ruling that allows candidates to "loan" their campaigns unlimited money and be paid back, with donor funds, AFTER they're elected. We're talking tie-a-damsel-to-the-tracks-twirl-your-mustache level. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (...

The hosts pound some brewskis with Supreme Court Justice Brett Kavanaugh. Normally there would be no episode in the free feed this week, but we decided to do something special for ya. This episode was originally exclusively available to our Patreon members, but we're giving you a peek into the premium feed. If you enjoyed the episode and want to unlock more like it, like our just-released epis...

This unanimous decision holds that cops who don't deal with traffic enforcement are allowed to tail you until you commit a minor offense, and then literally dive head first into your car to nab you on an unrelated drug charge. It's just another case in a long line of Supreme Court jurisprudence that is preferential to the "I Do What I Want" brand of policing … and completely antith...

In this ruling from just last month, the Supreme Court ruled that Puerto Ricans are not entitled to equal protection under the Fifth Amendment because … unclear. Citizens who live in DC and the Northern Mariana Islands? Yes - equal citizens under the law. Puerto Ricans and Guamamians? Sorry, no, try again next century. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra...

A common criticism of 5-4 is that adjudicating is hard work, and the hosts have no experience. So to prove that no, judging is actually dummy easy and anyone can do it, in this live show, the hosts rule on disputes brought by the audience. They also talk about Oakland v. BP, in honor of their appearance at The New Parish in Oakland, AND make a very special phone call to everyone's favorite bee...

In this emergency episode, the hosts are talking about what happens now that a draft of Dobbs v. Jackson Women's Health Organization decision has been leaked.  Roe v. Wade will almost certainly be overturned, and abortion will likely become illegal in almost half of the country. But other rights predicated on due process, like birth control, marriage equality, and desegregation, are at risk to...

In this case, the Supreme Court rules that a mother who is at risk of losing parental rights for her child is not entitled to a lawyer during the proceedings. This episode features discussions of families interacting with social services and the foster system. Please take care while listening. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you'r...

A difference of political opinion is when one person wants the coal industry to get tax breaks, but another person wants the oil industry to get tax breaks. Not wanting to be conscripted into an army to fight in a war against your will is NOT a political opinion. Therefore, it is totally fine for the United States - the nation that instigated the war mind you - to deny you an asylum hearing and se...

President Biden thought he could bury his weaksauce Supreme Court commission report by releasing it right before Christmas. Nice try Joey. We talked to commission member Kermit Roosevelt, of University of Pennsylvania Carey Law School, about being radicalized by his fellow liberals on the commission. Not because they're radical too, but because they're so institutionalist he got fed up. Th...

This week, 5-4 is inviting you to check out an episode of Damages, from the Critical Frequency Podcast Network. Damages is a courtroom drama podcast that follows the well over 200 climate lawsuits currently active in courtrooms all over the world. Ranging from explanatory episodes to docuseries to narrative seasons, it’s a show about the quest for justice and a crime against humanity: the climate...

To review: If you are an anonymous donor, using your money to drown out the voices of everyone else in an election, that is free speech. If you are a citizen who wants to tell a cop to fuck off, that is NOT free speech. And if you are a tobacco company that wants to tell children about the rich, smooth taste of a product that will addict and kill them, that is free speech. Follow Peter (@The_Law_B...

In this case, eight Supreme Court justices felt like it was totally fine to let the state kill a man, even though his lawyer prepared exactly NOTHING to present mitigating factors during the sentencing phase of his trial. 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 excl...

In this episode, the hosts discuss a series of cases from 1883 about the 13th and 14th Amendments, which ultimately ushered in the Jim Crow era.  And what's really fun (fun?), is that these holdings use some of the very same shitty justifications of racial discrimination that you'll find on Fox News to this very day. Time is a flat circle! The full version of this premium episode is availa...

In this long-anticipated episode we finally get into The Ginni Problem. New Yorker chief Washington correspondent Jane Mayer joins us to talk cults, insurrection, and other super normal Supreme Court stuff. 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-o...