The airport bestsellers that captured our hearts and ruined our minds
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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; an irreverent tour of all the ways in which the law is shaped by politics. Subscribe to our access our premium episodes & much more at fivefourpod.com/support Listen each week as hosts Peter, Michael, and Rhiannon dismantle the Justices’ legal reasoning on hot-button issues like affirmative action, gun ...
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Did the January 6th riot "obstruct an official proceeding"? That depends on how you interpret that very straightforward and unambiguous phrase. You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. Now is a good time: We have an exclusive subscriber-only episode coming next week. 5-4 is presented by Prologue Projects. This episod…
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It's not about BEING homeless, it's about doing something that's homeless. If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, join our Slack community, and more, subscribe at fivefourpod.com/support. 5-4 is presented by Prologue Projects. This episode w…
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Is social media to blame for the teen mental health crisis? It's complicated! Thanks to Emily Weinstein, Amy Orben, Andrew Przybylski, Dean Burnett, Michael Mullarkey and Gideon Meyerowitz-Katz for help researching and fact-checking this episode! Where to find us: Peter's other podcast, 5-4 Mike's other podcast, Maintenance Phase Sources: Emily Wei…
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Barbie doesn't have shit on John Roberts. Now that he's killed off Chevron deference, Roberts can be an aircraft safety inspector, biomedical researcher, highway planner, nutritionist, Atlantic herring fishing boat monitor ... the possibilities are endless! If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on l…
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Breaking News Re-Release: "Hillbilly Elegy"
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To celebrate ("celebrate") Donald Trump choosing JD Vance as his running mate we are re-releasing our "Hillbilly Elegy" episode. Enjoy!
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We once again revisit the idea that a bribe is only a bribe if it's in a pillowcase with a dollar sign on it, or from a check with "in exchange for illegal favors" on the memo line. If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Sl…
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Richard Hanania's "The Origins of Woke"
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Peter and Michael discuss "The Origins of Woke," a glimpse into the dark aspirations of the Republican Party and the mind of a very unusual man. Where to find us: Peter's other podcast, 5-4 Mike's other podcast, Maintenance Phase Sources: What Speech Does "Hostile Work Environment" Harassment Law Restrict? Tunis v. Corning Glass Works, 698 F. Supp.…
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This case includes descriptions of domestic violence. Please take care while listening. If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, membership in our Slack community, and more, join at fivefourpod.com/support. 5-4 is presented by Prologue Project…
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Take a deep breath. John Roberts just handed Donald Trump the keys to the country and said "don't bother bringing it back in one piece." If you're not a 5-4 Premium subscriber, you won't hear that Rahimi episode that we've got planned for next week. Just sayin! 5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and And…
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Citing Urban Dictionary and wikiHow*, Clarence Thomas argues that a gun that can kill hundreds of people with a single trigger pull is not a machine gun. *Not actually true but those are the vibes. If you're not a 5-4 Premium member, you're not hearing every episode! To get first dibs on live show tickets, dig into our Premium episode catalog, memb…
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The Court is back at again, pretending like they don't understand politics, while handing conservatives a victory that cements their power in South Carolina. To buy tickets for our DC show, head here: https://www.seetickets.us/event/5-4-live/604614 To buy tickets for our NYC show head here: https://www.eventbrite.com/e/5-4-live-tickets-912709608007…
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"The Constitutions Includes Everybody" Live at Harvard Law School
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Harvard invited us back (so that's on them) to talk about the speciousness of originalism, inclusive constitutionalism, and how to get serious about court reform. Featuring Balls and Strikes' Madiba Dennie, author of The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back (out now!) and Ryan Doerfler of Ha…
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Run a January 6th insurrectionist flag up the pole and see who salutes. Oh look! It's appointed-for-life Supreme Court Justice Samuel Alito! Did you know that the majority of tickets to our DC and NYC shows were sold before the shows were even public? That's because our beloved Premium subscribers got first dibs. Plus they'll get to listen to the f…
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Brett Kavanaugh might have had a better shot at writing a reasonable decision if Arizona v. Navajo Nation revolved around beer rights instead of water rights, but instead the associate justice barfed up a garbled opinion about property rights. Did you know that our Premium subscribers got first dibs on our live show tickets? One of those shows is a…
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In the movies, detectives trail a suspect until he messes up and throws his DNA-soaked paper cup into the trash. In real life, they just pretend like they don't understand the word "identify" in order to abuse the 4th Amendment. If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, acces…
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Peter and Michael discuss the media coverage of the protests at Columbia — from the crazed, bloodthirsty ravings of right-wing media to the more muted, respectful bloodthirst of centrist media. To hear the rest of the episode, support us on Patreon: https://www.patreon.com/IfBooksPod
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What to do if you get arrested (not legal advice™), why are the liberal justices just sitting back while conservatives devour the judiciary, and whether or not to vote for Biden - you've got questions, we've got … maybe not "answers," but definitely "responses." If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and …
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Free Rhiannon! Campus Protests and the First Amendment
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Rhi got locked up. The food was bad, the comrades were immaculate, and while the friendless centrist pundits on Twitter were wrapping themselves in knots to try to argue protests aren't speech, the kids were keeping the focus where it belongs: On Gaza. If you don't think laws are real either you can get a sick shirt about it from Shout Your Abortio…
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"Going Infinite": Michael Lewis Takes On Sam Bankman-Fried
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Peter and Michael discuss Michael Lewis’s bestselling book about the rise and fall of Sam Bankman-Fried, a young prodigy whose only flaw was that he dreamed too big. Where to find us: Peter's other podcast, 5-4 Mike's other podcast, Maintenance Phase Sources: Michael Lewis Is Buying What Sam Bankman-Fried Is Selling Michael Lewis Likens Critics of …
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E Pluribus Unum, more like E Pluribus Sue Them! In America, if your landlord refuses to do repairs, you sue 'em. If you get food poisoning from a chain restaurant, you sue 'em. But if you're stripped of your bodily autonomy by your state legislature via a bounty hunting scheme, you CAN'T sue your state in federal court, because of Hans v. Louisiana…
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Listen, we're not going to do the whole merch thing again, but it's time to hang up the robe and hit the beach. Or: another episode where we call for Sonia Sotomayor to retire. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.co…
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Santa isn't the only one who keeps a naughty and nice list. And if your organization winds up on the United States' list of bad boys (designated terrorist organizations), you can forget about receiving legal representation or assistance from US-based firms. That's material support, according to this holding, even if that support doesn't contribute …
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"The Better Angels of Our Nature" Part 2: Campus Lies, I.Q. Rise & Epstein Ties
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2 Better 2 Angels Support us on Patreon: https://www.patreon.com/IfBooksPod Where to find us: Peter's other podcast, 5-4 Mike's other podcast, Maintenance Phase Sources: Jeffrey Epstein’s Science of Sleaze Pinker’s response to Epstein allegations How Jeffrey Epstein Captivated Harvard Jeffrey Epstein Hoped to Seed Human Race With His DNA It’s Offic…
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Texas passed a law that allows it to police the US border with Mexico without regard to federal policy. That may seem like a little oopsy but actually it's a big "fuck you." If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/s…
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We're finally discussing a good book! Naomi Klein's "Doppelgänger" chronicles the long, steady descent of another Naomi — Wolf (buddy oof) — from feminist icon to crank conspiracist. To hear the rest of the episode, support us on Patreon: https://www.patreon.com/IfBooksPodBy Michael Hobbes & Peter Shamshiri
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The Court does not want you to plead not guilty by reason of insanity and to enforce that, they'll happily sign off on you being institutionalized for far longer than the prison sentence that you would have served. You'll need a mental health day after this one for sure. If you're not a 5-4 Premium member, you're not hearing every episode! To get e…
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This is the story of a man with the worst luck in the whole world, and how Jay-Z called the whole thing. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support. 5-4 is presented by Prologue Projects. Rachel Ward is our pro…
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In 2013, Sheryl Sandberg became an icon for women who wanted to move from middle management at a tech company into upper management at a tech company. Today, Peter and Michael examine the contents of her bestselling book, survey the wreckage of corporate feminism and ask whether women will finally find liberation in the Metaverse. Where to find us:…
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We're joined by Balls and Strikes' Jay Willis in this emergency episode to talk about Trump v. Anderson, which challenged Colorado removing Trump from the primary ballot. In a shocking twist, the Court held that Colorado can't do that. JK that's not shocking - the twist is that the dogs you hear barking in this episode are Jay's, not Michael's. If …
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The legal academy is losing its mind. Good news for us, the profs are talking about their broken brains in the New York Times. Today on the show, Peter, Rhiannon, and Michael discuss “The Crisis in Teaching Constitutional Law” by Jesse Wegman to snark on the state of legal education. If you're not a 5-4 Premium member, you're not hearing every epis…
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You can't sue the President if they wronged you, as long as what they did was in the course of their official duties. And maybe possibly if they did it out unofficially out of spite, or because they were just feeling crimey that day. Thank goodness we have this fantastic precedent to help us deal with Trump's many cases! If you're not a 5-4 Premium…
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"The Better Angels of Our Nature" Part 1: You're Not Wrong, Pinker. You're Just An *sshole
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This week we're tackling Steven Pinker's 900 page dissection of the reasons why violence, torture and war have declined over the last 10,000 years. Was it an indeterminate mixture of politics, economics, technology and serendipity? Or did some European guys write some books that said murder was bad? Special thanks to Philip Dwyer, Eleanor Janega, D…
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Groundhog Day but make it interrogation. The Supreme Court says cops are welcome to keep hauling you in for questioning as long as they honor an arbitrary waiting period. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/supp…
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The Federalist Society, part 4: How to Fight Back [TEASER]
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Let's burn this motherfucker down metaphorically speaking OF COURSE! Today we're talking about how to counter Fed Soc's influence on campus and in the courts. The game plan isn't to copy their strategy - it's to play to the left's strengths. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes…
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The Federalist Society, part 3: The Spoils
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The greatest trick the Devil ever pulled was convincing the world he didn’t exist. He learned it from the Federalist Society, by watching them steadily shift the terms on which all contemporary legal issues are argued. Now even progressive jurists feel compelled to debate the debate club on its own turf. The Devil is duly impressed. For more about …
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The Federalist Society, part 2: The Debate Club
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First you get the money, then you get the power. But FIRST first you get the law students. This week we're exploring the tentacles of the Federalist Society, and how a so-called debate club pulls levers across government, the legal profession, and academia, to achieve its conservative ideological goals. Hear more from this episode's contributors: V…
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The Federalist Society, part 1: Immodest Origins
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There's a powerfully connected right-wing organization operating at every elite law school in the nation. It built itself by leveraging the conservative victim complex, the Reagan revolution, networks of judges and activists, and cold hard psycho millionaire cash. This is the story of the Federalist Society. If you can't get enough of these monster…
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Before Donald Trump became America's most prominent politician and birth certificate inspector, he spent his days making everyone in New York City slightly uncomfortable. Michael and Peter discuss "The Art of the Deal," Trump’s 1987 bestseller chronicling his exploits as a celebrity slumlord. Where to find us: Twitter Peter's other podcast, 5-4 Mik…
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Every year we like to shout out organizations that inspire us or have deeply embarrassing kompromat on us. Good luck guessing which is which! https://www.icareaboutcoral.org/ https://shoutyourabortion.com/ https://www.assignedmedia.org/ https://www.librariesforthepeople.org/ https://palestinianfeministcollective.org/ https://www.newalternativesnyc.…
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How to Lose Your Job by Supporting Palestine [UNLOCKED]
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This episode was available early to Premium members. If you'd like that kind of perk, consider joining at fivefourpod.com/support. Ryna Workman and Jinan Chehade were both knocked off the Big Law course they thought they were on, after expressing solidarity with Palestine. Now they're on a mission to make some good trouble. Thanks for being a 5-4 P…
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To hear the rest of the episode, support us on Patreon: https://www.patreon.com/IfBooksPod
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How to Lose Your Job by Supporting Palestine [TEASER]
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Ryna Workman and Jinan Chehade were both knocked off the Big Law course they thought they were on, after expressing solidarity with Palestine. Now they're on a mission to make some good trouble. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join…
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"There are two kinds of political scientists: The types who deal with noisy data and post on Twitter with a bunch of caveats. And then there are the types who write books about identity politics." Where to find us: Twitter Peter's other podcast, 5-4 Mike's other podcast, Maintenance Phase Sources: Sam Huneke's "Yascha Mounk’s Woke Straw Man" Jacob …
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Epic Fail! Constitutional Amendments That Didn't Make the Grade [TEASER]
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It's basically impossible to amend our crummy Constitution, as demonstrated by the litany of proposed amendments that have face planted directly into the dustbin of history. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/s…
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Glacier Northwest, Inc. v. International Brotherhood of Teamsters
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Our nation has laws, procedures, and courts for settling labor disputes. But what if you're a concrete company and you don't wannnnnnnnnnnnnna go through the system that Congress authorized specifically for this purpose? Then you take it to state court baybeeee - and see if SCOTUS will let you sneak out of the National Labor Relations Board process…
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Pundit Portraits: Kathleen Parker and Chris Cillizza [TEASER]
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To hear the rest of the episode, support us on Patreon: https://www.patreon.com/IfBooksPod
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Abe Fortas: The Justice Who Walked So Clarence Thomas Could Run [TEASER]
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Get a load of this - this guy accepted a SALARY for TEACHING at a SCHOOL. Simply not Supreme Court justice material. Get the guy who sold a house to a billionaire instead. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/sup…
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You stare, mouth agape, at the bookstore display. It’s a self-help book, but with curse words in the title?! This must be a revolutionary new framework, not simply the same dull, reactionary ideas repackaged as hip and new. Support us on Patreon: https://www.patreon.com/IfBooksPod Where to find us: Twitter Peter's other podcast, 5-4 Mike's other po…
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We want to dedicate this episode to Vermont and Maine, the only two states in this whole goddamn country that let everyone exercise their Constitutional right to vote. What are they putting in that syrup? Everywhere else, you've got Richardson v. Ramirez to thank for the movement to disenfranchise people who've been caught up in the criminal punish…
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War! Huh! Yeah! What is it good for? Absolutely suppressing speech! Read "The Anti-Surveillance Coalition's Highest-Stakes Gamble" by Spencer Ackerman https://foreverwars.ghost.io/the-anti-surveillance-coalitions-highest-stakes-gamble/ Listen to Know Your Enemy: Elon Musk, the Jews, and the ADL, with Mari Cohen, Alex Kane, and Peter Beinart https:/…
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