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5-4

Prologue Projects

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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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More than a decade since Michael Jackson’s death, his legacy remains complicated and unresolved. Think Twice: Michael Jackson is an exploration of the King of Pop’s life and impact – and an investigation into why his global influence continues to endure, despite the disturbing allegations against him. In this ten-part series, journalists Leon Neyfakh and Jay Smooth bring you a new perspective on the Michael Jackson story, based on dozens of original interviews with people who watched it unfo ...
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An oral history of Caveh Zahedi by Caveh Zahedi. One story per day, every day, originally published Jan. 1 – Dec. 31, 2021. You can support this podcast at caveh365.com. Produced by Leon Neyfakh for Prologue Projects. Music by Evan Ziporyn. Engineering by Maxwell Di Paolo, with additional engineering by Ross Burlingame, Sam Brodsky, Maxwell Drexler, Robert Gordon, Wade Haesemeyer, Charlie O’Brien, Joseph Petrini, and Chien-Yu Wang. Artwork by August Polite. Cover design by Teddy Blanks.
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Fiasco: Bush v. Gore

Luminary, Prologue Projects

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Host Leon Neyfakh transports listeners into the day-to-day reality of our country’s most pivotal historical events, bringing to life the forgotten twists and turns of the past while shedding light on the present. Fiasco season 1 takes listeners to the contested 2000 election between Al Gore and George W. Bush, and the extraordinary legal battle that unfolded in Florida. Fiasco is a Luminary original. To hear other seasons, go to luminarypodcasts.com.
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Fiasco

Leon Neyfakh

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From the co-creators of Slow Burn, Fiasco is a narrative podcast that transports listeners into the day-to-day reality of America’s most pivotal historical events. The fifth season of the show goes deep on the AIDS epidemic in America, with a special focus on the early years of the crisis, when a diagnosis was tantamount to a death sentence. The eight-part series looks at the mystery and missteps around identifying and treating a new, contagious disease, and what it took to get the public — ...
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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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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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Nancy Brophy fills her novels with romantic betrayals and murder. It’s a far cry from her quiet life in the suburbs, where she and her chef husband, Dan, are living out their golden years. But when Dan is shot dead, Nancy finds herself at the center of a murder case that could be ripped from the pages of her novels. From Wondery, this is a story ab…
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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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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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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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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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A conversation about Legally Blonde has to do with the Supreme Court … how? Because we assume in Elle's universe she's now chief justice, and John Roberts teaches PE at a middle school in Buffalo. 5-4 Premium members get this full episode, and our extensive back catalogue of Premium-only episodes. To make sure you can hear every episode we release,…
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We're sharing this episode of Rhiannon's movement lawyering series with all of our listeners. Our Patreon subscribers heard it first, back in March. In this episode, Rhiannon talks with Palestine Legal's senior staff attorney Radhika Sainath and staff attorney Dylan Saba about their mission to protect Palestinian activists from harassment, and the …
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This case about discrimination on the basis of pregnancy might have you thinking that Potter Stewart said "trans rights are human rights." Absolutely not. Mans said "get back in the kitchen, wench." 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, …
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In a world where the police are charged with protecting your Constitutional rights, they'd be climbing all over themselves to read you your Miranda Rights. We don't live in that world. 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 fivefo…
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Proving once again that the sequel is always worse … we present Brown v. Board of Education II, and the rest of the cases that southern states used to try to delay integration, circumvent the Supreme Court's authority, and develop new legal strategies to preserve de facto segregation. 5-4 Premium members get this full episode, and our extensive bac…
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My life is a movie! A movie where a federal agent sets me up to do a drug deal by providing the buyers and the drugs but somehow that's not entrapment! A horror movie if you will. Here's the This American Life episode that Michael recommends, "What I Did for Love." https://www.thisamericanlife.org/457/what-i-did-for-love If you're not a 5-4 Premium…
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Doesn't it feel like we JUST did a term recap episode? What if the Supreme Court just like took a gap year or something, and left us all in peace for once. Wouldn't that be nice? Alas, no such luck. You're losing more rights this year … AGAIN. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episod…
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Michael Jackson spends his final days preparing for a series of comeback concerts, but tragedy strikes before rehearsals are even completed. In the aftermath of Michael’s death, a reckoning begins over everything he left behind. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my…
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We have the smartest, most curious listeners in the business and in this episode we're answering your burning questions with a fire extinguisher of wisdom and insight straight to the face. 5-4 Premium members get to hear the full episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/suppor…
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Ten years after first being accused of child sexual abuse, Michael Jackson finds himself in court facing criminal charges related to a new alleged victim. Meanwhile, Michael’s fans rally around their idol and try to help him get through a new low point in his career. Think Twice: Michael Jackson was produced by Dustin DeSoto, Benjamin Frisch, Kim G…
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We're joined by Nick Estes, of The Red Nation podcast to talk about Indigenous sovereignty, land back, and how stupid Mount Rushmore is. You can find Nick's work at www.therednation.org. 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 five…
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In the aftermath of the 1993 sexual abuse allegations, Michael Jackson marries into musical royalty and attempts to rebuild his legacy with the most audacious project of his career. Think Twice: Michael Jackson was produced by Dustin DeSoto, Benjamin Frisch, Kim Gittleson, Danielle Hewitt, Sam Lee, Leon Neyfakh, Andrew Parsons, and Jay Smooth, and …
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Just like clockwork, the Spirit Halloweens are popping up and law students are heading back to campus, which means it's time for our Welcome to Law School episode. Come for the updates, and stay for the milk crate challenge! If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our S…
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Michael’s eccentric behavior and ever-changing appearance pique the curiosity of the public and the press. But was Michael a tabloid victim or a genius public relations ringmaster? Think Twice: Michael Jackson was produced by Dustin DeSoto, Benjamin Frisch, Kim Gittleson, Danielle Hewitt, Sam Lee, Leon Neyfakh, Andrew Parsons, and Jay Smooth, and e…
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Jump int the RV kids, we're exploring Clarence Thomas' dissents, concurrences, and the mind of the man. Buckle up, because it's a twisted road. 5-4 Premium members get to hear this whole episode, and a whole bunch of other episodes you're not hearing if you don't subscribe. To get exclusive Premium-only episodes, access to our Slack community, and …
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Michael Jackson climbs to new heights with the success of his Thriller album and the groundbreaking music videos that follow. But he finds that his fame and faith are on a collision course, and he's forced to make a choice. Think Twice: Michael Jackson was produced by Dustin DeSoto, Benjamin Frisch, Kim Gittleson, Danielle Hewitt, Sam Lee, Leon Ney…
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The Supreme Court has overturned one of our nation's only proactive strategies for addressing its foundational sin. But what's worse, the most annoying guy on the cross country team just lost his last best excuse for why he didn't get into Harvard. Enjoy SUNY Binghamton, Bronckton! If you're not a 5-4 Premium member, you're not hearing every episod…
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The new season of Fiasco is out now on Audible. You can sign up for a free trial and listen at adbl.co/vigilante In 1984, as a New York City subway train made its way downtown, a white man named Bernhard Goetz shot four unarmed Black teenagers he believed were going to rob him. The shooting and its aftermath came to embody the widespread fear of cr…
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