5-4

Warrantless police surveillance of your telephone is A-OK, according to the holding in Smith v. Maryland - as long as the cops only look at WHO you call, not WHAT you say.  Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at  www.pat...

Peter and Rhiannon join Katy Stoll and Cody Johnston from Even More News , to talk about what the Supreme Court's decision to hear a Mississippi abortion ban case means. Follow  Even More News  (@somemorenews), Katy Stoll (@katystoll) and Cody Johnston (@drmistercody) on Twitter.  They're on Patreon , and so is  5-4.  To get premium Patreon-only episodes, access to exclusive events, and me...

The hosts pound some brewskis with Supreme Court Justice Brett Kavanaugh. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit  www.patreon.com/fivefourpod .  Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information. Our Sponsors: * Check out Quince...

The hosts discuss a case in which the Supreme Court denied "class" status to female Wal-Mart employees in a gender discrimination class action, proving in this 5-4 decision that boys will be boys. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sig...

Hey, remember JOHNNIE COCHRAN? While you wait for next week's episode of 5-4, please enjoy this special feed drop from Celebrity Book Club with Steven and Lily, a new podcast from Prologue Projects in which NYC comedians Steven Phillips-Horst and Lily Marotta take on a different celebrity memoir every week and use it as a canvas for exploring pop culture, the sick 'n' twisted lives of...

The hosts discuss the 8th Amendment and juvenile life without parole, and the tension between modern neuroscience, and the conservative impulse to maintain 200-year-old traditions of punishment. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for o...

In this first-ever 5-4 film review, the hosts have looked into the abyss and are ready to render their verdict. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit  www.patreon.com/fivefourpod .  Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more informa...

The hosts are joined by Rep. Mondaire Jones to discuss the Judiciary Act of 2021, Supreme Court reform, and the Biden Commission. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at  www.patreon.com/fivefourpod . Hosted on Acast. See...

The hosts are joined by Josie Duffy Rice and Jay Willis of The Appeal , to discuss "Worst Supreme Court Justice of All Time" bracketology, and simple arithmetic. This week's case is Bowles v. Russell, in which the petitioner sought to have his appeal heard because a judge had miscalculated a deadline, and his lawyer had the audacity to adhere to it. The court denied the petitioner, cit...

The hosts discuss the Insular Cases, a series of holdings from 1901 that delineated the Constitutional rights afforded to citizens of US territories like Puerto Rico and the Philippines. And by "delineated" we mean "decimated." In these cases, and  since  these cases, the Supreme Court has repeatedly used economic justifications to create and reinforce racist policies that disadvan...

The hosts discuss Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (NLRB), a 5-4 decision in which the Supreme Court denied a worker back pay that he was owed after being unlawfully terminated for union organizing, citing his lack of authorization to work in the United States. The decision completely rejected the ruling of the NLRB, guidance from the Department of Justice, standin...

The hosts appear on Even More News , with hosts Katy Stoll and Cody Johnston, to talk about voting rights cases at the Supreme Court, and H.R.1. Follow Even More News (@somemorenews), Katy Stoll (@katystoll) and Cody Johnston (@drmistercody) on Twitter. They're on Patreon , and so is 5-4. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up...

The hosts discuss Connick v. Thompson, a 5-4 decision in which the Supreme Court holds that a conspiracy to convict an innocent man, by systematically withholding evidence that could prove his innocence, does not constitute a "pattern."  Where's your dictionary now, Scalia? Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patre...

The hosts discuss Trump's appointees to the federal bench, and the effects that this rogue's gallery of cronies has had - and will continue to have - on the judiciary. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefou...

The hosts discuss Toyota Motor Manufacturing v. Williams,where the Supreme Court unanimously narrowed the definition of disability under the Americans with Disabilities Act.  Thanks to Erin Hawley (@geekygimp) for her help prepping this episode. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. To get premium Patreon-only episodes, access to exclusive eve...

The hosts are joined by Alec Karakatsanis (@equalityAlec), founder and executive director of Civil Rights Corps, and the author of Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System . They discuss San Antonio ISD v Rodriguez, an equal protection case from 1973, which is widely cited by conservatives as holding that the equal protection clause does not protect impoverished pe...

Here's a taste of what Patreon supporters get! In this episode, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss former Supreme Court Justice Antonin Scalia. To get the full episode, sign up for our Patreon. 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:...

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 basical...

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 intel...

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 legisla...

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. Follow Peter (@The_La...

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 impor...

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...

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. Hosted on Acast. S...

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. Follow...