5-4
5-4 is a podcast about how much the Supreme Court sucks. Hosted by Peter Shamshiri, Rhiannon Hamam, and Michael Liroff, it's a progressive and occasionally profane take on the ideological battles at the heart of the Court's most important landmark cases and an irreverent tour of all the ways in which the law is shaped by politics.
Subscribe to our premium episodes & much more at fivefourpod.com/support
5-4 is a production of Prologue Projects.
Subscribe to our premium episodes & much more at fivefourpod.com/support
5-4 is a production of Prologue Projects.
Episodes (279)
Step Your Pussy Up Under Fascism [TEASER]
It's okay to be scared. It's hard not to succumb to the nihilism of the second Trump administration. But that is precisely what he and his administration want you to do. Please don't fall for it....
Medina v. Planned Parenthood South Atlantic
Federal law says that Medicaid recipients have the right to choose their healthcare provider. One problem, though–what if a Medicaid recipient chooses to go to Planned Parenthood to get healthcare? In...
McMahon v. New York
Don't be sad, little Johnny, Trump just took the Department of Education to live on a big farm with so much space to run around and play in, and all the treats the Department of Education could ever...
Trump Brings the War Home [UNLOCKED]
California has become a testing ground for Trump's police state ambitions. In Los Angeles and across the country, he’s merging the military and the police into one entity, with its guns aimed...
Free Speech Coalition, Inc. v. Paxton
Please have your driver's license, social security card, or any other highly personal private information ready to share if you wish to rub one out to online porn. If you're not a 5-4 Premium member,...
Mahmoud v. Taylor
Because the conservatives on the Supreme Court are lowkey homophobic, they have made it easier for parents of kids in public schools to opt out of topics that make them uncomfortable. LGBTQ books, no...
Portrait of a John Roberts on Fire [TEASER]
These “boys” and in some cases “gals” keep proving us right! The 2024-2025 Supreme Court term was a beautiful illustration of this podcast’s entire thesis: this is an institution untethered by law,...
Trump v. CASA, Inc.
CTRL+F for “birthright citizenship” in this majority opinion, and you only get two hits. That’s because Amy Coney Barrett spends thousands of words telling you that the President's evisceration of...
United States v. Skrmetti
The Supreme Court has made life more difficult for trans children, who are already among the most marginalized groups in the country.If you're not a 5-4 Premium member, you're not hearing every...
The DOGE Cases
The Supreme Court allowed the 20-somethings at DOGE to access your Social Security information. What's the worst that could happen?If you're not a 5-4 Premium member, you're not hearing every episode!...
Trump v. Wilcox
The Supreme Court just made it easier for Trump to fire heads of independent federal agencies. Unitary executive theory, anyone?If you're not a 5-4 Premium member, you're not hearing every episode! To...
![Copaganda with Alec Karakatsanis [TEASER]](https://media.redcircle.com/images/2025/6/17/18/cd2e8f96-d88a-47e0-a0b6-2d447a8b324a_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Copaganda with Alec Karakatsanis [TEASER]
Crime rates are at historic lows, yet year after year, people say that they feel unsafe and believe crime is rising. You can thank the news media with help from corporations and law enforcement...
Jones v. North Carolina Prisoners' Labor Union
If the Supreme Court can take away constitutional rights from one minority group, it can do it to any of us. Yes, even podcasters. If you're not a 5-4 Premium member, you're not hearing every...
![No Due Process, Yes Jumbo Plane [TEASER]](https://media.redcircle.com/images/2025/6/17/18/06556896-d36f-4f69-a7d0-5ced46e11c81_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
No Due Process, Yes Jumbo Plane [TEASER]
Since taking office, Trump has moved quickly to implement his authoritarian agenda. Now, he is asking the Supreme Court to limit the judicial branch by preventing individual judges from blocking his...
Hazelwood School District v. Kuhlmeier
The Supreme Court has been stripping away students' free speech rights for decades. They don't want you to think for yourself or speak your mind. You might end up making podcasts like this.If you're...
United States v. Zubaydah
Following the 9/11 attacks, both liberal and conservative justices contributed to the rise of some authoritarian powers that the Trump administration is now wielding today.ERRATA: Henry Blodget is no...
![Movie Review: The Firm [TEASER]](https://media.redcircle.com/images/2025/6/17/18/e81e5040-e817-400a-b240-127f40fbeb93_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Movie Review: The Firm [TEASER]
The Firm, the legal thriller starring Tom Cruise, shows us that big law is sometimes worse than the literal mob.If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and...
Introducing... Fiasco: Iran-Contra
New from Prologue Projects and Pushkin Industries: it's a new edition of Fiasco: Iran-Contra, widely available for the first time ever. New episodes of Fiasco release Mondays, available wherever you...
Trump v. J.G.G.
The Supreme Court under Trump 2.0 is engaging in their favorite pastime: finding convoluted procedural reasons to rule in his favor.If you're not a 5-4 Premium member, you're not hearing every...
Department of State v. Muñoz
Finally, the Supreme Court gets to live its dream: being xenophobic and homophobic at the same time.If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other...
![Authoritarian Creep(s) [TEASER]](https://media.redcircle.com/images/2025/6/17/18/44484c0a-a7bf-4ece-bcf0-3e4c817d724a_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Authoritarian Creep(s) [TEASER]
The Trump administration has moved at breakneck speed to suppress free speech, mass deport hundreds of individuals without due process, and target judges who dare cross him – moves straight out of an...
Mobile v. Bolden
While a law may have discriminatory or racist effects—such as diluting the Black vote in a city and rendering those votes essentially meaningless—this does not necessarily mean it was created with...
San Francisco v. EPA
How much poop is in our water? The Supreme Court says “not enough.” If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to...
![The Powell Memo [TEASER]](https://media.redcircle.com/images/2025/6/17/18/5e19b93e-0505-425a-bef5-033f8240b7eb_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Powell Memo [TEASER]
Before he was ever a Supreme Court justice, Lewis Powell was an enterprising corporate attorney representing tobacco companies and calling on CEO’s to get off their asses and flood American politics...
McCutcheon v. FEC
Presidential candidates raised more than $1.6 billion in the 2024 election cycle, but if you think flooding politics with money is bad then you don’t understand FREEDOM OF SPEECH. Thanks to this...
NIFLA v. Becerra
Crisis pregnancy centers can provide misinformation about healthcare and perform medical procedures without requiring a licensed doctor. Yes, all of that is legal, thanks to the Supreme...
![Your Trump 2.0 Questions, Answered [UNLOCKED]](https://media.redcircle.com/images/2025/6/17/18/ecfccf2f-4293-466b-b599-21a37457decd_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Your Trump 2.0 Questions, Answered [UNLOCKED]
This episode was available early to Premium members. If you'd like that kind of perk, consider joining at fivefourpod.com/support.What do you do if ICE comes to your door? How will Trump enforce his...
Trump’s Opening Salvo
Trump’s blitzkrieg of executive orders has left many of us scrambling. The policies are cruel and reactionary, but do they amount to a constitutional crisis?If you're not a 5-4 Premium member, you're...
![Your Trump 2.0 Questions, Answered [TEASER]](https://media.redcircle.com/images/2025/6/17/18/13b56418-e98a-49a7-83e9-074caf829c02_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Your Trump 2.0 Questions, Answered [TEASER]
What do you do if ICE comes to your door? How will Trump enforce his anti-trans orders? Are there risks to podcasting in the age of Trump? You asked some really dark questions, and we have answers.If...
TikTok v. Garland
The Supreme Court says that you don’t have a constitutional right to post short form videos of cute cats. Is it time for a revolution?You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or...
Murphy v. NCAA
You may have noticed that sports betting apps have taken over the world in just a few short years. Blame the Supreme Court.You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4...
5-4 x Know Your Enemy: Trump 2.0 and the Courts
Peter and Michael join the hosts of the podcast "Know Your Enemy" to discuss how Trump is likely to reshape the federal judiciary during his second term. They talk about some of Trump's judicial...
The 2024 5-4 Giving Guide
Every year we like to share some organizations that have a special meaning to us. Given the year ahead, please consider donating or, at the very least, keep listening to 5-4....
![Holiday Extravaganza: Drake, TikTok, and the Clean Girls [TEASER]](https://media.redcircle.com/images/2025/6/17/18/1efcabcf-94f1-4fc7-8ca0-5edb6f15e3eb_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Holiday Extravaganza: Drake, TikTok, and the Clean Girls [TEASER]
Only subscribers can hear the rest of our conversation about some of pop culture's entertaining legal battles. You could impress your friends at the holiday party by having a fresh take on the Drake...
Illinois v. Wardlow
Imagine losing some of your civil rights based on where you happen to be hanging out. Crazy, we know.You should walk, not run (unless you want to be detained and searched by police), to...
United States v. 95 Barrels of Vinegar
We should all want accurate food labels and strong regulations. We don't want to consume raw milk or mix dolphin in our canned tuna... well, maybe some do.If you're not a 5-4 Premium member, you're...
![Small Dick Durbin Energy [TEASER]](https://media.redcircle.com/images/2025/6/17/18/73aee070-ee43-4ead-a1bd-9a8c0b10efe9_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Small Dick Durbin Energy [TEASER]
Only subscribers get to hear the rest of our conversation about how the Democratic party fell short of making judicial appointments and failed to hold Republicans - and specific Supreme Court Justices...
First as Farce, Then as Tragedy
Damn you, Merrick Garland. This all could have been avoided... With the election now over, we digest what happened with our friends Jay Willis from Balls & Strikes and journalist Josie Duffy...
![The Year Ahead for Trans Rights [UNLOCKED]](https://media.redcircle.com/images/2025/6/17/18/2c8e53d6-6229-43db-acea-2441b6175528_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Year Ahead for Trans Rights [UNLOCKED]
With a second Trump presidency on the horizon, we look ahead to how trans rights will be under attack. 5-4 is presented by Prologue Projects. This episode was produced by Dustin DeSoto. Leon Neyfakh...
![Movie Review: My Cousin Vinny [TEASER]](https://media.redcircle.com/images/2025/6/17/18/0f9d8eda-d6f1-4db4-aa15-d70ed3b28fcc_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Movie Review: My Cousin Vinny [TEASER]
Only subscribers get to hear the rest of our delightful review of My Cousin Vinny, which we consider one of the best courtroom movies ever. It's Joe Pesci and Marisa Tomei. What's not to love? To...
Elon Musk’s War on Workers
How America’s morally and physically ugliest billionaires are plotting to destroy labor rights.You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. If you're not a 5-4 Premium...
The Coming Battle Over Reproductive Rights
Could a national abortion ban already be in the works? A majority of Americans say no thank you, but as we know, that doesn't matter... *cough* Roe V Wade *cough*If you're not a 5-4 Premium member,...
Mackenzie v. Hare
Think you're an American citizen just because you're born here? Think again.You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode...
2024-2025 Supreme Court Term Preview
Do you love culture war? Then the upcoming Supreme Court term is for you...You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify.5-4 is presented by Prologue Projects. This episode...
The Roberts One-Step (TEASER)
This is a subscriber-only episode about the Real John Roberts, as rendered in a New York Times exposé about the Chief Justice's role in shaping Trump-related jurisprudence and turning the Court into a...
Securities and Exchange Commission v. Jarkesy
White collar ass crime... You can subscribe to 5-4 Premium on Patreon, Apple Podcasts, or Spotify. 5-4 is presented by Prologue Projects. This episode was produced by Benjamin Frisch. Leon Neyfakh and...
United States v. Stanley
Is being dosed against your will with mind-altering drugs just part of being a soldier? You won't believe what the famously prankish Supreme Court says...You can subscribe to 5-4 Premium on Patreon,...
Welcome to Law School 2024
You've heard about the law on 5-4… now, what if you went to a school about it? In this annual episode, let Peter, Rhiannon, and Michael tell you what you need to know if you're sticking your foot in...
Biden, Harris, and the Future of Court Reform (TEASER)
This is a subscriber-only episode about Biden's proposals for reforming the Supreme Court... will the hosts of 5-4 say "we do"?If you're not a 5-4 Premium member, you're not hearing every episode. To...
Fischer v. United States
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,...
Grants Pass v. Johnson
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...
Loper Bright Enterprises v. Raimondo
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...
Snyder v. United States
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...
United States v. Rahimi
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...
Trump v. United States
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...
Garland v. Cargill
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...
Alexander v. South Carolina NAACP
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...
"The Constitution Includes Everybody" Live at Harvard Law School
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...
Justice Alito's Red Flags
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...
Arizona v. Navajo Nation
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...
Maryland v. King
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...
![The 2024 Mailbag Episode [TEASER]](https://media.redcircle.com/images/2025/6/17/18/0a3124d1-f0ff-405f-8ac7-3840a4a488d1_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The 2024 Mailbag Episode [TEASER]
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...
Free Rhiannon! Campus Protests and the First Amendment
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...
Hans v. Louisiana
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...
![Retire, Sonia [TEASER]](https://media.redcircle.com/images/2025/6/17/18/59424902-a778-4ebf-9ea3-cf06900d4afd_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Retire, Sonia [TEASER]
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...
Holder v. Humanitarian Law Project
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...
The (Constitutional) Crisis at the Border
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...
United States v. Jones
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...
Illinois v. Caballes
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...
Trump v. Anderson
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...
![How to Teach Constitutional Law [TEASER]](https://media.redcircle.com/images/2025/6/17/18/2ed11c9c-5429-4827-bac3-50aa304c04ea_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
How to Teach Constitutional Law [TEASER]
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...
Nixon v. Fitzgerald
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...
Maryland v. Shatzer
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...
![The Federalist Society, part 4: How to Fight Back [TEASER]](https://media.redcircle.com/images/2025/6/17/18/bc85ab65-484a-4dbc-89c6-5bb7d12d9562_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Federalist Society, part 4: How to Fight Back [TEASER]
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...
The Federalist Society, part 3: The Spoils
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...
The Federalist Society, part 2: The Debate Club
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...
The Federalist Society, part 1: Immodest Origins
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...
The 5-4 Giving Guide 2023
Every year we like to shout out organizations that inspire us or have deeply embarrassing kompromat on us. Good luck guessing which is...
![How to Lose Your Job by Supporting Palestine [UNLOCKED]](https://media.redcircle.com/images/2025/6/17/18/467b0101-3f6f-440b-832a-cde61a846964_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
How to Lose Your Job by Supporting Palestine [UNLOCKED]
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...
![How to Lose Your Job by Supporting Palestine [TEASER]](https://media.redcircle.com/images/2025/6/17/18/b7d461a7-e971-4917-ab3e-babd22549f17_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
How to Lose Your Job by Supporting Palestine [TEASER]
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...
![Epic Fail! Constitutional Amendments That Didn't Make the Grade [TEASER]](https://media.redcircle.com/images/2025/6/17/18/8fe6bb86-d28e-4d1f-8194-1e65b5af5a2e_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Epic Fail! Constitutional Amendments That Didn't Make the Grade [TEASER]
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...
Glacier Northwest, Inc. v. International Brotherhood of Teamsters
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...
![Abe Fortas: The Justice Who Walked So Clarence Thomas Could Run [TEASER]](https://media.redcircle.com/images/2025/6/17/18/cc5a5cff-21d1-46bb-a9c6-95eb7a94d552_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Abe Fortas: The Justice Who Walked So Clarence Thomas Could Run [TEASER]
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...
Richardson v. Ramirez
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...
Schenck v. United States
War! Huh! Yeah! What is it good for? Absolutely suppressing speech!Read "The Anti-Surveillance Coalition's Highest-Stakes Gamble" by Spencer...
A Note From Rhiannon
You are a person with power. Now is the time to use it.Call your representatives: https://ceasefiretoday.com/Join a protest:...
![Legally Blonde [TEASER]](https://media.redcircle.com/images/2025/6/17/18/8636f99a-6312-457c-adae-a6f3ba105c7f_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Legally Blonde [TEASER]
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...
Palestine Legal: "The Great Difference a Movement Lawyer Can Make"
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...
Geduldig v. Aiello
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...
Berghuis v. Thompkins
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...
![The Southern Manifesto [TEASER]](https://media.redcircle.com/images/2025/6/17/18/9ad830fd-a286-4226-b821-509f36f3c820_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Southern Manifesto [TEASER]
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...
Hampton v. United States
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...
2023-2024 Term Preview with Chris Geidner
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....
![Your Questions: Jury Nullification, Law School Reform, and More [TEASER]](https://media.redcircle.com/images/2025/6/17/18/11e8126e-6977-4d08-a4ad-3302383ad79a_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Your Questions: Jury Nullification, Law School Reform, and More [TEASER]
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...
United States v. Sioux Nation with Nick Estes
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...
Welcome to Law School 2023
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 Twisted Mind of Clarence Thomas [TEASER]](https://media.redcircle.com/images/2025/6/17/18/30ae7875-cc9b-4a5b-a94b-71237b10fa89_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Twisted Mind of Clarence Thomas [TEASER]
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...
Students for Fair Admissions v. Harvard
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...
Harisiades v. Shaughnessy
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...
![2022-2023 Term Reflections [TEASER]](https://media.redcircle.com/images/2025/6/17/18/28d82b29-68ff-4ba6-9af0-8a96ba5b0e4b_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
2022-2023 Term Reflections [TEASER]
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,...
DeShaney v. Winnebago County Department of Social Services
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...
Biden v. Nebraska
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...
303 Creative LLC v. Elenis
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...
Sackett v. EPA (Sackett II)
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,...
![Protecting Trans Rights with Erin Reed [UNLOCKED]](https://media.redcircle.com/images/2025/6/17/18/51440f38-3c91-47ea-8275-a3b8dcca9732_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Protecting Trans Rights with Erin Reed [UNLOCKED]
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...
American Ship Building Company v. National Labor Relations Board
When the union's inspiration through the workers' blood shall runThere can be no power greater anywhere beneath the sunUnless the highest court in all the land decides that you are doneThen your union...
Sierra Club v. Morton
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...
![The Fall and Rise of the Death Penalty [TEASER]](https://media.redcircle.com/images/2025/6/17/18/64162541-2862-42aa-9a0f-d5d8eb784c74_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Fall and Rise of the Death Penalty [TEASER]
The death penalty has a long, ugly, racially-motivated history in the United States. Let's dig into the state's monopoly on violence and see what terrible things it reveals about us as a nation, shall...
United States v. O'Brien
War, huh, yeah. What is it good for? Curtailing the First Amendment!If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch,...
The Shadow Docket with Steve Vladeck
As the Court has moved right, it's been using the "shadow docket" to execute on more of its agenda. Previously reserved for emergencies, like stays of executions, the process of hearing cases outside...
Palmer v. Thompson
Jackson, Mississippi out here with the supervillian-level attitude towards public goods - "if I have to share, then no one can have it."If you're not a 5-4 Premium member, you're not hearing every...
![The Thomas/Crow Affair [TEASER]](https://media.redcircle.com/images/2025/6/17/18/f3d480cc-7215-455f-8875-4a5fe25b2c0d_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Thomas/Crow Affair [TEASER]
Just to refresh your memory - bribery is when you write "bribe in exchange for your vote" on the memo line of a check, OR when you sign a contract saying you are doing bribes and then drop a...
Ewing v. California
The tension is palpable with the count tied at 3-2 … the defendant steps up to the plate and … OH! Swing and a miss! That's the third strike for our defendant which means the Court is going home with...
![Noted Segregationist William Rehnquist [TEASER]](https://media.redcircle.com/images/2025/6/17/18/8ecab564-0838-4608-99f6-e756afda0342_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Noted Segregationist William Rehnquist [TEASER]
Well if intimidating minority voters, issuing memos in support of school segregation, and moving into a neighborhood that bars Jews from owning homes there makes you a segregationist ……then William...
Cruzan v. Missouri Department of Health
This episode contains discussions about the right to die, end of life matters, and suicide, which may be uncomfortable for some listeners. If you or someone you know is struggling with thoughts of...
![Palestine Legal: "The Great Difference a Movement Lawyer Can Make" [TEASER]](https://media.redcircle.com/images/2025/6/17/18/ceff57bc-5608-4461-ae75-7991499a3a22_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Palestine Legal: "The Great Difference a Movement Lawyer Can Make" [TEASER]
We're back with another episode of Rhiannon's movement lawyering series! In this episode, Rhiannon talks with Palestine Legal's senior staff attorney Radhika Sainath and staff attorney Dylan Saba...
5-4 x Bloc Party: Michael on How the Dems Flopped on Debt Relief
Breaking news! It's not just the Supreme Court that sucks - it's ALSO the executive and legislative branches! This week we're sharing Michael's appearance on Bloc Party, talking about how oral...
Boyle v. United Technologies Corporation
What does a military contractor have in common with Justice Antonin Scalia? They both manufacture things! The contractor manufactures helicopters with faulty escape hatches. Scalia manufactures, out...
!["When I say EMPTY you say SKULL" - Live in Austin [TEASER]](https://media.redcircle.com/images/2025/6/17/18/b6db9af3-d3c9-4172-9d73-5d14cd2c8172_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
"When I say EMPTY you say SKULL" - Live in Austin [TEASER]
Recorded live at Stateside at the Paramount! Join us as we skewer Texas judges (not literally!), teach a robot to argue before the Supreme Court, and answer the question that has haunted this podcast...
5-4 Presents: Unreformed - "The Lucky Ones"
This week, 5-4 invites you to check out an episode of Unreformed: the Story of the Alabama Industrial School for Negro Children, hosted by friend-of-the-pod Josie Duffy Rice.In 1968, police...
In re Gault with Josie Duffy Rice
It's not easy being a kid. Especially when the state thinks you don't have any constitutional rights. Thank goodness for this week's case, In re Gault, where the Court decides you can have a little...
![Prosecutorial Immunity, or "FTP" Means Prosecutors Too [TEASER]](https://media.redcircle.com/images/2025/6/17/18/09ef8c03-d7f4-49b1-b0a7-400650db0e1e_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Prosecutorial Immunity, or "FTP" Means Prosecutors Too [TEASER]
You know and hate qualified immunity, which allows cops to get away with murder. Now meet prosecutorial immunity, the judge-made doctrine that allows prosecutors to get away with the death penalty....
Connick v. Thompson Encore
What is the greater crime? Missing a recording and pushing an episode back by a week … or using the full power of the state to prosecute a man for something he did not do, confining him in solitary as...
"Jones Day Made Trump" - Live at Harvard Law with David Enrich
Recorded live at Harvard Law School's Corporate Capture of the Legal System conference, we're talking about Jones Day. The law firm jumps into bed with all manner of villains with the justification...
Korematsu v. United States
In this case from 1944 the Court decides that arresting someone on "suspicion of being Japanese" and putting them in a concentration camp is not racially motivated. And while we're at it, don't call...
![Your Questions Answered [TEASER]](https://media.redcircle.com/images/2025/6/17/18/6ae2de15-bd09-4fb9-a9ef-28f269aea6a7_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Your Questions Answered [TEASER]
Here at 5-4 HQ we get a lot of questions. And while we can't answer the ones from our parents, about what we're doing with our lives, we CAN answer your questions about the law.The full version of...
Giles v. Harris
Don't get it twisted: "the point" whizzing high over the heads of Supreme Court justices is a tradition as old as the Court itself. This case, where the Court holds that it cannot declare...
McDonnell v. United States
The dictionary defines "quid pro quo" as "when a businessman walks up to a Congressman in the Capitol and hands him a check with the words 'bribe for doing a favor for me' written on the memo line."...
5-4 Presents: If Books Could Kill - "Outliers"
This week, 5-4 invites you to check out an episode of If Books Could Kill, featuring Michael Hobbes, of Maintenance Phase, and 5-4's own Peter.If Books Could Kill deconstructs the airport bestsellers...
The 2022 Five Four Giving Guide: More Ways to Help
We spend the better part of the year bumming you out about the many ways the law fails to actually provide justice. Thankfully, there are organizations that provide mutual aid and support to right...
The Pelican Brief
For some strange reason, there aren't many thrillers about the Supreme Court. The Pelican Brief remedies this obvious oversight by Hollywood. If you'd like to option 5-4 for film and television, we're...
![Sonia Sotomayor [TEASER]](https://media.redcircle.com/images/2025/6/17/18/d274db58-6646-45a5-a610-d8c4ecdfad60_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Sonia Sotomayor [TEASER]
Associate Justice Sonia Sotomayor is undoubtedly one of our faves. But "no robes, no masters" still applies.The full version of this premium episode is available exclusively to our Patreon supporters....
Glossip v. Gross
This episode contains graphic depictions of an execution. Please 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,...
Utah v. Strieff
The Fourth Amendment protects you from unreasonable search and seizure by the government. Unless the government wants to unreasonably search and/or seize. In that case, the Supreme Court says "go for...
![Public Defenders: "Incarceration Doesn't Make Us Safe" [TEASER]](https://media.redcircle.com/images/2025/6/17/18/0679b0e0-84be-4130-816a-340b32274fdf_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Public Defenders: "Incarceration Doesn't Make Us Safe" [TEASER]
The full version of this episode is available now to our 5-4 Premium supporters. To join, visit www.fivefourpod.com/support5 to 4 is presented by Prologue Projects. Rachel Ward is our producer....
![Samuel Alito [TEASER]](https://media.redcircle.com/images/2025/6/17/18/c5095fad-3bec-4943-9081-c31d7eac98c2_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Samuel Alito [TEASER]
Justice Samuel Alito is deeply contemptuous of those who don't share his worldview, where abortion is murder, and the cops can do whatever they want, and Jesus would have ruled against the FEC in...
Bowers v. Hardwick
This episode quotes outdated language about homosexuality that maybe painful to hear. Please take care while listening.If you're not a 5-4 Premium member, you're not hearing every episode! To get...
Independent State Legislature Theory
The first time the Supreme Court flirted with Independent State Legislature doctrine, George W. Bush wound up in the presidency. Next time, if conservatives on the court get their way in an upcoming...
![Rhiannon Resigned and Peter Got Fired [TEASER]](https://media.redcircle.com/images/2025/6/17/18/20648030-88de-4ebc-8aca-62c4d3c2d6c0_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Rhiannon Resigned and Peter Got Fired [TEASER]
The hosts have some ~personal~ news.The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit https://www.fivefourpod.com/support/Follow Peter...
![Legal Discourse and Our Discontents [TEASER]](https://media.redcircle.com/images/2025/6/17/18/d4defcf3-a46d-4ef2-bfb6-35239b7f9521_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Legal Discourse and Our Discontents [TEASER]
The state of legal discourse is bad. There's an entire ecosystem of talkers that need the Court to exist so they have something to talk about. Which naturally warps the way they talk about the Court....
Tanner v. United States
Fun party idea: convene 11 strangers, get zooted at lunch, deal some weed, do a little coke in the bathroom of a courthouse, then determine whether or not you're going to put a human in a cage for a...
2022-2023 Supreme Court Term Preview
Having accomplished their big goals of overturning Roe and giving a praying football coach back a job he never actually lost and apparently does not want to anymore, conservatives are now looking to...
![Ketanji Brown Jackson [TEASER]](https://media.redcircle.com/images/2025/6/17/18/6f96f818-12da-4242-965e-f35a6c248849_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Ketanji Brown Jackson [TEASER]
The Supreme Court term begins next week and for the first time in American history, a Black woman will sit among the justices. Here's everything you need to know about Justice Ketanji Brown Jackson's...
Minor v. Happersett
Welcome to citizenship in the United States of America - you knew that you weren't guaranteed to get health care, housing, economic security, or education … but did you know that you ALSO aren't...
Vega v. Tekoh
Cops have to read you your Miranda rights. If they don't … nothing happens, according to this recent Supreme Court ruling. Probably nothing to worry about here.Follow Peter (@The_Law_Boy), Rhiannon...
Welcome to Law School (Again)
Oh my god, MORE of you decided to go to law school? Even after we released this episode last year? Welp. We can't stop you. But we can offer you an encore of our Welcome to Law School episode, where...
![Harriet Miers Gets Wrecked [TEASER]](https://media.redcircle.com/images/2025/6/17/18/4d698436-826e-42d3-8f25-a12874e4ffaf_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Harriet Miers Gets Wrecked [TEASER]
Harriet Miers was a lawyer and advisor in the Bush Administration. But what she was NOT was reliably conservative enough to pass Federalist Society muster. Her failed nomination was the first...
New York State Rifle and Pistol Association v. Bruen
The United States has a long, complex, and often contradictory history of firearm regulation. Clarence Thomas reached into that history, selected the parts he liked, discarded the parts he didn’t, and...
Oklahoma v. Castro-Huerta
Continuing its trajectory of abandoning tests that don't pass the vibe check, the Supreme Court ruled that states can prosecute crimes committed by non-Natives on Native land. The holding...
![Free Speech, Cancel Culture, and the Court [TEASER]](https://media.redcircle.com/images/2025/6/17/18/f2ffa12a-7e05-423b-8a30-8bc8b4697467_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
Free Speech, Cancel Culture, and the Court [TEASER]
Live from the People's Parity convening in Washington, DC, we're talking about free speech and the right's obsession with cancel culture. We're digging into what speech the conservative legal movement...
"We can make Roe the law everywhere" - An Interview with Senator Elizabeth Warren
Senator Elizabeth Warren, we can only assume against the advice of counsel, agreed to come on 5-4. We talked about the filibuster, the Democratic response to Dobbs, and Peter and Michael's beards....
WTF Are The Dems Doing? with Jamelle Bouie
Imagine you are given a month and a half head start on a race. Do you A) start running, B) wait around until the official start time to run, or C) act surprised when the race starts and chastise any...
West Virginia v. Environmental Protection Agency
John Roberts has decided that the standard for whether or not something is a "major question" is whether or not it "raises an eyebrow." But like, let's not beat around the bush, John - you can just...
Kennedy v. Bremerton School District
In this case from the most recent term, the Court once again says we should look to history and tradition to determine what's appropriate. Which is gonna be a tough one to parse, because the founders...
Shinn v. Ramirez
This episode contains descriptions of violence against a child that may be challenging for some listeners. Please take care while listening.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and...
Emergency Episode: Roe Is Overturned
The Supreme Court has released the long-awaited Dobbs v. Jackson Women's Health Organization decision. The news is bad. Ruling in favor of Mississippi, the Court allows the state to ban nearly all...
Egbert v. Boule
In this case the Court holds that you have no right to sue a federal official, even if a border agent trespasses on your property, knocks you to the ground, and calls the IRS on you for having the...
5-4 x Know Your Enemy: "Overturning Roe, Part One"
The hosts were recently guests on Know Your Enemy, talking about the origins of the conservative legal movement, and its decades-long campaign to overturn Roe v. Wade. This episode is part of a series...
Federal Election Commission v. Ted Cruz for Senate
This week, the hosts use a variety of film and television references to try and capture the pure villainy of a recent ruling that allows candidates to "loan" their campaigns unlimited money and be...
Brett Kavanaugh - Unlocked Premium Episode
The hosts pound some brewskis with Supreme Court Justice Brett Kavanaugh.Normally there would be no episode in the free feed this week, but we decided to do something special for ya. This episode was...
Whren v. United States
This unanimous decision holds that cops who don't deal with traffic enforcement are allowed to tail you until you commit a minor offense, and then literally dive head first into your car to nab you on...
United States v. Vaello Madero
In this ruling from just last month, the Supreme Court ruled that Puerto Ricans are not entitled to equal protection under the Fifth Amendment because … unclear. Citizens who live in DC and the...
![5-4 Live in Oakland [TEASER]](https://media.redcircle.com/images/2025/6/17/18/6f24c0c7-5c1e-46df-b7cd-419368eaddbf_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
5-4 Live in Oakland [TEASER]
A common criticism of 5-4 is that adjudicating is hard work, and the hosts have no experience. So to prove that no, judging is actually dummy easy and anyone can do it, in this live show, the hosts...
Dobbs v. Jackson Women's Health: The End of Roe
In this emergency episode, the hosts are talking about what happens now that a draft of Dobbs v. Jackson Women's Health Organization decision has been leaked. Roe v. Wade will almost certainly...
Lassiter v. Department of Social Services
In this case, the Supreme Court rules that a mother who is at risk of losing parental rights for her child is not entitled to a lawyer during the proceedings. This episode features discussions of...
Immigration and Naturalization Service v. Elias-Zacarias
A difference of political opinion is when one person wants the coal industry to get tax breaks, but another person wants the oil industry to get tax breaks. Not wanting to be conscripted into an army...
![How the Biden SCOTUS Commission Radicalized One Law Professor [TEASER]](https://media.redcircle.com/images/2025/6/17/18/ffb13aa9-8573-4c1e-8f95-aeb266f86ee4_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
How the Biden SCOTUS Commission Radicalized One Law Professor [TEASER]
President Biden thought he could bury his weaksauce Supreme Court commission report by releasing it right before Christmas. Nice try Joey. We talked to commission member Kermit Roosevelt, of...
5-4 Presents: Damages - "Manoomin v. Minnesota"
This week, 5-4 is inviting you to check out an episode of Damages, from the Critical Frequency Podcast Network.Damages is a courtroom drama podcast that follows the well over 200 climate lawsuits...
Lorillard Tobacco Co. v. Reilly
To review: If you are an anonymous donor, using your money to drown out the voices of everyone else in an election, that is free speech. If you are a citizen who wants to tell a cop to fuck off, that...
Strickland v. Washington
In this case, eight Supreme Court justices felt like it was totally fine to let the state kill a man, even though his lawyer prepared exactly NOTHING to present mitigating factors during the...
![The Civil Rights Cases of 1883 [TEASER]](https://media.redcircle.com/images/2025/6/17/18/275bbefc-d757-44ce-aa26-5f65e79ce71a_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Civil Rights Cases of 1883 [TEASER]
In this episode, the hosts discuss a series of cases from 1883 about the 13th and 14th Amendments, which ultimately ushered in the Jim Crow era. And what's really fun (fun?), is that these...
We Need To Talk About Ginni
In this long-anticipated episode we finally get into The Ginni Problem. New Yorker chief Washington correspondent Jane Mayer joins us to talk cults, insurrection, and other super normal Supreme Court...
Merrill v. Milligan
The Supreme Court says there's simply no time before elections that are months away, to redraw racist Congressional district maps, that took all of one week to make initially. If you're a fan of...
![The Lochner Era [TEASER]](https://media.redcircle.com/images/2025/6/17/18/a1f833e4-1cbb-4871-bee1-94728c5fbe15_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Lochner Era [TEASER]
Do you like reboots? You're gonna love The Lochner Era 2: Return of the Robber Barons! Featuring all of the union-busting, labor-exploiting, children-working-in-a-coal-mine of the original Gilded Age,...
Ingraham v. Wright
This episode contains references to physical abuse of children. Take care when listening.The standing law on corporal punishment - physically punishing children - in schools, is that it's legal...
Parents Involved in Community Schools v. Seattle School District No. 1
Racism equals bad so acknowledging race bad too so reverse racism real so white girl go to preferred school, yes?Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on...
![The Best Amendment (The Ninth) [TEASER]](https://media.redcircle.com/images/2025/6/17/18/a164b88b-08c3-46c1-8bd0-778e3bf40aa1_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Best Amendment (The Ninth) [TEASER]
This long-lost amendment gives you rights that our founding fathers, even in their wildest dreams, couldn't enumerate. So that's kind of a problem for modern conservatives.The full version of this...
NFIB v. Department of Labor
In this ongoing case, the Court holds that requirements that employees mask and test weekly, or get vaccinated, cannot be enforced while a challenge makes its way through the judiciary. It's good...
Florida v. Riley
Go-go-gadget surveillance state! In this case the Court holds that cops can hover a helicopter over your house and peer into it without a warrant. That set a new standard for the Fourth Amendment -...
5-4 Presents: Scene on Radio - "Pachamama"
This week, 5-4 is inviting you to check out an episode of Scene on Radio, from the Center for Documentary Studies at Duke University. Scene on Radio asks big, hard questions about who we are, and how...
The Return of the Rise and Fall of Roe v. Wade, Pt. 1
Welp, 2021 wasn't a banner year for reproductive rights, and 2022 is looking worse.That's why it's worth revisiting this episode about Roe v. Wade. In this first episode of a two-part series, the...
The Return of the Rise and Fall of Roe v. Wade, Pt. 2
In the second part of this 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...
The 5-4 Giving Guide: How to Help
We're sorry for bumming you out all year - but the antidote to a crumbling democracy is mutual aid! In this episode we've got some organizations that you can share your resources with, to help take...
5-4 Presents: The Politics of Everything on "the New Right"
This week, 5-4 is inviting you to check out an episode of The Politics of Everything, from The New Republic:Today’s youth are overwhelmingly left-wing. So who are the young conservatives? On this...
![The Warren Court: 5 Out of 5 Stars [TEASER]](https://media.redcircle.com/images/2025/6/17/18/45224a90-e756-4374-ab6e-b8ed8768a496_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Warren Court: 5 Out of 5 Stars [TEASER]
On the 12th day of Christmas, the Warren Court gave to us:Loving Day on June 12th;11 December 1952 - final day of argument in Brown v. Board of Education of Topeka;Nationalization of the first ten...
Town of Greece v. Galloway
Let us now bow our heads in observance of this episode about why the Supreme Court thinks it's OK for a government to have prayer before public meetings, but NOT OK for the town to manage who gives...
![The Failed Nomination of Robert Bork [TEASER]](https://media.redcircle.com/images/2025/6/17/18/cd8b1a57-e931-481f-bd94-dc59b77e3b65_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Failed Nomination of Robert Bork [TEASER]
Robert Bork, a Regan nominee to the Supreme Court, showed the depth of his reactionary views during his confirmation hearings, and as a result, was voted down. That kicked off three decades of...
Michigan v. Environmental Protection Agency
What's the return on investment on not having an asthma attack? If you can't count it, it doesn't count, according to the majority in this 5-4 ruling, which turned back EPA rules on mercury emissions...
"This Is A Captured Institution" - An Interview with Senator Sheldon Whitehouse
Senator Sheldon Whitehouse (D-RI) joins us to talk dark money, judicial nominations, and whether the Democrats have any hope of getting things done without filibuster reform.Follow Peter...
Hamdi v. Rumsfeld
A foreign "prisoner of war" can communicate with their family. An American "traitor" can argue their case in court. An American "enemy combatant" can do neither, according to the Supreme Court,...
Younger v. Harris
Oof, this is a tough one: Protect the Constitutional rights of actual people, or clutch the vague concept of "federalism" in my grubby little hands like Gollum with that ring. TBH probably gonna go...
![The Justices Are Getting Defensive [TEASER]](https://media.redcircle.com/images/2025/6/17/18/d20c0153-c75d-46be-ac32-1952c4dbd5db_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Justices Are Getting Defensive [TEASER]
When a Supreme Court Justice tells you he's totally legitimate and not part of a secret cabal 🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩.The full version of this premium episode is available exclusively to our Patreon...
2021-2022 Supreme Court Term Preview
The 2022 Supreme Court term is shaping up to be pretty gnarly. We brought on The Nation's justice correspondent, Elie Mystal, to walk us through the cases he's watching.Patreon subscribers get ad-free...
Nieves v. Bartlett
This case originates out of an incident at opposite Burning Man, a ski race in Alaska called Arctic Man. The ruling is about opposite free speech, wherein the justices vote to protect cops' First...
Adoptive Couple v. Baby Girl
A treaty or law not honored by the United States? It's more likely than you think! In a rare child custody case, the Supreme Court rules on the Indian Child Welfare Act, and finds that when you squint...
![Eviction Moratorium: A Perfect Storm of Conservative Bullshit [TEASER]](https://media.redcircle.com/images/2025/6/17/18/b2ce3a5e-a254-479d-94da-6eca8dd1da76_1631564114342-29936ef8adc62b0ab4b679ba3ce7952c.jpg)
Eviction Moratorium: A Perfect Storm of Conservative Bullshit [TEASER]
Liberty and the pursuit of justice for landlords and landlords only. In this episode, the hosts talk about how the Supreme Court contorted its reading of the law to deny the Centers for Disease...
SB8: Whole Woman’s Health v. Jackson
In this emergency episode, the hosts discuss Whole Woman’s Health v. Jackson, the case where the Supreme Court declined to stay SB8. SB8 is the monstrous Texas law that allows anyone to sue anyone who...
Welcome to Law School
What, like it's hard? This one goes out to all those incoming, current and former Elle Woodses. You're doing amazing sweetie!Get the support of likeminded law students, lawyers, and law lovers...
Nestlé v. Doe
Is it wrong to enslave children on a cocoa plantation? We'll never know! The Supreme Court dismissed the case!Patreon subscribers get ad-free case episodes, premium episodes, invitations to exclusive...
![Stephen Breyer [TEASER]](https://media.redcircle.com/images/2025/6/17/18/da29b2c0-81ae-4a18-a821-c7a356c197dd_1629155186324-39cbe92b3590343060ce3150e902b4de.jpg)
Stephen Breyer [TEASER]
In this episode, we spend an hour explaining why you should buy our "Stephen Breyer Retire" merch.The full version of this premium episode is available exclusively to our Patreon supporters. To join,...
Americans for Prosperity v. Bonta
The First Amendment protects the rights of very rich people to be anonymous, unbothered, moisturized, in their lane, well-hydrated, flourishing, when it comes to their charitable contributions. Not...
Brnovich v. Democratic National Committee
In this voting rights case from Arizona, the Supreme Court says you can DO racism, you just can't MEAN to do racism, deep down in your cold little withered heart.Follow Peter (@The_Law_Boy), Rhiannon...
![Why Supreme Court Media Coverage Sucks [TEASER]](https://media.redcircle.com/images/2025/6/17/18/7cc00817-2fb6-4c85-92c4-f7d514c46c90_1627312027698-8e4abe24f401d1dd5b4e021e91b2c129.jpg)
Why Supreme Court Media Coverage Sucks [TEASER]
The legal media isn't doing its job. Except for us. We're killing it.The full version of this premium episode is available exclusively to our Patreon supporters. To join,...
5-4 Presents: Know Your Enemy on the 1/6 Insurrection
Feed drop alert again! This week, 5-4 is inviting you to check out an episode of Know Your Enemy. If you like what you hear, subscribe to their feed wherever you get your podcasts. 5-4 will be back...
Prologue Presents FIASCO: BENGHAZI
Feed drop alert! No new episode of 5-4 this week, so instead please consider checking out the new season of FIASCO, the history podcast from Prologue Projects. This season we're tackling the Benghazi...
Cedar Point Nursery v. Hassid
You know what's exactly the same? When the government kicks you out of your house so it can build a military base, and when a union organizer gives a farm worker a pamphlet. Or at least that's what...
![Textualism [TEASER]](https://media.redcircle.com/images/2025/6/17/18/b0217ed6-6b65-4e7b-a14e-a3da6ca9fd55_1624935678050-a24ec8760bd15a3dbbbfb39c0d721221.jpg)
Textualism [TEASER]
The hosts discuss Textualism, the legal theory that the dictionary is the real law, God made the dictionary, and what legislators intended is a secondary consideration at best.The full version of this...
Fulton v. Philadelphia
In this emergency episode, the hosts discuss one of the spiciest cases from this term, Fulton v. Philadelphia. And you know how conservatives hate spice, so suffice it to say, this holding didn't come...
![Fulton v. Philadelphia [TEASER]](https://media.redcircle.com/images/2025/6/17/18/20a11c38-511c-45c8-994a-55c91125fee8_1624311015056-833db006e7e7465677e1245392ae7a9b.jpg)
Fulton v. Philadelphia [TEASER]
In this emergency episode, the hosts discuss one of the spiciest cases from this term, Fulton v. Philadelphia. And you know how conservatives hate spice, so suffice it to say, this holding didn't come...
Meet Nick Wallace
Congrats grads! Our gift to you is an interview with Nick Wallace. Nick is the former Stanford law student who was threatened with having his diploma withheld because the snowflakes in his campus'...
Smith v. Maryland
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...
5-4 x Even More News - Abortion Rights
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...
![Brett Kavanaugh [TEASER]](https://media.redcircle.com/images/2025/6/17/18/ffabc41b-90a1-403f-9159-65eada7c24cc_1622581673336-123564cd10460d27ee2cd0c07a9a65f8.jpg)
Brett Kavanaugh [TEASER]
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,...
Wal-Mart Stores, Inc. v. Dukes
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...
Prologue Presents: Celebrity Book Club on Johnnie Cochran
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...
Jones v. Mississippi
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...
![Roe v. Wade: The Movie [TEASER]](https://media.redcircle.com/images/2025/6/17/18/17f19089-33e9-462d-8b5f-e4cdac9ad5fb_1620658907982-99d84673b083ccc52ac2a385c6cc0627.jpg)
Roe v. Wade: The Movie [TEASER]
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...
Get Us to Seven feat. Rep. Mondaire Jones
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...
Bowles v. Russell
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,...
![The Insular Cases [TEASER]](https://media.redcircle.com/images/2025/6/17/18/726ae647-ef30-4187-bda7-43503be074cc_1606779284523-744ceb308f81fdae5f9298e876427133.jpg)
The Insular Cases [TEASER]
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...
Hoffman Plastic Compounds, Inc. v. National Labor Relations Board
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...
5-4 x Even More News
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...
Connick v. Thompson
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...
![The Worst of the Worst: The Trump Judges [TEASER]](https://media.redcircle.com/images/2025/6/17/18/1cdd749b-51d0-46ef-9f11-3671c74e7f45_1616461988945-7dfa41251aaf9a0371d656fcf8326b49.jpg)
The Worst of the Worst: The Trump Judges [TEASER]
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),...
Toyota Motor Manufacturing, Kentucky Inc. v. Williams
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...
San Antonio ISD v. Rodriguez ft. Alec Karakatsanis
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...
![Antonin Scalia [TEASER]](https://media.redcircle.com/images/2025/6/17/18/93192f3c-72d6-48f3-8cd6-14fc0638c0e9_1614641174998-a7edb9df3a81c6d220265fdd4f8a6ef8.jpg)
Antonin Scalia [TEASER]
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...
McCleskey v. Kemp ft. Josie Duffy Rice
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...
Atkins v. Virginia
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...
US v. Morrison
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...
Navarette v. California
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...
Morse v. Frederick
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...
The Rise and Fall of Roe v. Wade, Pt. 2
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...
The Rise and Fall of Roe v. Wade, Pt. 1
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...
5-4 x Know Your Enemy
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...
Herrera v. Collins
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...
Roman Catholic Diocese v. Cuomo
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...
Ashcroft v. Iqbal
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...
Arizona Free Enterprise v. Bennett
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...
The Courts Can’t Save Him
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...
Reliving Bush v. Gore
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...
How to Fix the Court feat. Rep. Ro Khanna
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...
Rucho v. Common Cause
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....
The Electoral College Coup Is Coming
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...
“What if Trump Dies?” And Other Questions
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,...
Amy Coney Barrett is a Right Wing Freak
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...
What RBG Didn't Understand
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...
LA v. Lyons
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...
Voting Rights
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...
Flood v. Kuhn
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...
Nielsen v. Preap
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...
Boy Scouts of America v. Dale
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....
Milliken v. Bradley
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. ...
Term Recap: 2019-2020
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...
Bennis v. Michigan
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...
Epic Systems v. Lewis
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...
Buckley v. Valeo
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about campaign finance in Buckley v. Valeo. The decision established that, when it comes...
Janus v. AFSCME
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,...
Qualified Immunity
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...
Exxon Shipping v. Baker
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...
Bostock v. Clayton County, Georgia
On this week’s bonus episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the Court’s surprise decision affirming that the Civil Rights Act prevents...
Hernandez v. Mesa
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about a case involving a Border Patrol agent who shot a teenager across the U.S.-Mexico...
Burwell v. Hobby Lobby
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the religious freedoms enjoyed by corporations. Hosted on Acast. See...
Buck v. Bell
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) go back to a 1927 case that gave rise to eugenics programs throughout the US.Please support...
Tison v. Arizona
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a 1987 case on felony murder, and whether it’s eligible for the death penalty. Hosted...
Clapper v. Amnesty International
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a 2013 case that tested the National Security Administration's ability to conduct...
The Biden Court
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss what’s at stake for the Supreme Court in the 2020 election, and what the Court might...
DC v. Heller
On the eleventh episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss the 2008 ruling that granted individuals the right to own guns, breaking with more...
Kelo v. New London
On the tenth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) take aim at the liberals on the Court who ruled that the government can seize people’s land and...
Castle Rock v. Gonzales
On the ninth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about a domestic violence case in Colorado that led to the death of three children and a...
Emergency Episode: RNC v. DNC
On a special episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the Supreme Court’s decision to block the state of Wisconsin from accepting late...
Trump v. Hawaii
On the seventh episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2018 travel ban case, which tested the Supreme Court’s willingness to serve as...
NFIB v. Sebelius
On the sixth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) take on the Obamacare ruling in 2012, which isn’t as great as ACA fans might think. Hosted on...
Terry v. Ohio
On the fifth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 1968 ruling by the Warren Court that that paved the way for stop-and-frisk laws...
Shelby County v. Holder
On the fourth episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2013 ruling by the Roberts Court that defanged a key component of the Voting...
Fisher v. University of Texas
On the third episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the affirmative action case that flipped the Equal Protection Clause on its head. ...
Citizens United v. FEC
On the second episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra), talk about the 2010 ruling that used the First Amendment as a basis for unleashing corporate...
Bush v. Gore
The debut episode of 5-4, presented by Leon Neyfakh (@leoncrawl) and hosted by Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra), focuses on the ruling that ended the 2000...
Official Trailer: 5-4
At a moment when the U.S. Supreme Court's influence on American life has never been more obvious, 5-4 offers an irreverent take on the high court's past. Each episode focuses on a pivotal, historical...
About this Podcast
Copyright
2025 Prologue Projects
Language
en
Categories
Government, News, News Commentary