5-4

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 a...

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...

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...

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 e...

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 pertain...

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.  Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael...

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 mor...

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...

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,...

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.   Follow Peter ( @The_Law_Boy ), Rhiannon ( @AywaRhiannon ), and Michael ( @_FleerUltra ) on Twitter.    Please sup...

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.   Follow Peter ( @The_Law_Boy ), Rhiannon ( @AywaRhiannon ), and Michael ( @_FleerUltra ) on Twitter. Hosted on Acast. See acast.com/privacy for more informat...

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.   Follow Peter ( @The_Law_Boy ), Rhiannon ( @AywaRhiannon ), and Michael ( @_FleerU...

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 pr...

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.   Follow Pet...

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. Please support our sponsors: Helix Raycon    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://ww...

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.     Please support our sponsors:  magicspoon.com/FIVEFOUR  HelixSleep.com/FIVEFOUR   jordanharbinger.com/subscr...

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. 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 us...

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.  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 u...

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. 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 my code quince.com/fivefour for a great d...

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. 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://ww...

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.  Please support our sponsors:  Magic Spoon Spotify   Helix Hosted on Acast. See acast.com/privacy for more information. Our Sponsors: * Check out Quince and use my code quince.com/fivef...

On this week’s episode of 5-4, Peter ( @The_Law_Bo y), 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. Hosted on Acast. See acast.com/privacy for more information. Our Sponsors: * Check out Quince and use my code quince.com/fivefour for...

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.   Please support our sponsors:    Raycon -- buyraycon.com/fivefour Spotify Hosted on Acast. See acast.com/privacy for more info...

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.   Please support our sponsors:    Raycon -- buyraycon.com/fivefour Helix -- helixsleep.com/fivefour Hosted on Acast. See acast.com/privacy for more inf...

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.   Please support our sponsor:  Raycon -- buyraycon.com/fivefour Hosted on Acas...