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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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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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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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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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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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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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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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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 lapsed memberships of your youth can be held against you in immigration proceedings. It's only a matter of time until all Neopets users are deported. Is this a weird time to mention our Premium subscription? 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 communit…
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The 2022 Supreme Court term is officially over. Don't you feel relieved? lol us neither. The full version of this Premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support. 5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial suppo…
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This episode discusses child abuse. We urge you to take care while listening. 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 producer. Leon Neyfakh and And…
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Absolutely fuck the major questions doctrine, fuck this Court, and fuck student loan debt. Come get pissed with us. If you're not a 5-4 Premium member, you're not hearing every episode. You could be getting even more mad. To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support. 5-4 is present…
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In this case from this past Friday, the Court has added a giant loophole to our anti-discrimination laws. How big is the loophole? About the size of a 161’6″ super yacht or a Bombardier Global 5000 private jet. 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…
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What has a head and a mouth, but cannot wear a hat? A river! What has its head up its ass, and cannot interpret the Clean Water Act correctly? The Supreme Court! 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 …
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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. Journalist Erin Reed monitors assaults to trans rights across the country. We talked to her about the evolution of anti-trans legislation, common conservative strategies, and what cases might end up before the Supreme C…
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When the union's inspiration through the workers' blood shall run There can be no power greater anywhere beneath the sun Unless the highest court in all the land decides that you are done Then your union job is gone. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, acc…
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I am Bill Douglas, I speak for the trees. I speak for the trees, for the trees have no tongues. And I'm asking you, sir, at the top of my lungs - who does have standing? Unless … 👉👈 If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and mor…
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