5-4 Live in Oakland [TEASER]

7m

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 rule on disputes brought by the audience. They also talk about Oakland v. BP, in honor of their appearance at The New Parish in Oakland, AND make a very special phone call to everyone's favorite beer aficionado.


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Transcript

Hey folks, our episode about the draft Dobbs v.

Jackson Women's Health Organization decision last week reached a lot of new people and we are very happy to have you with us.

The show we're airing this week is mostly for longtime fans.

It's a recording of a very fun live show we did earlier in the spring and it's over on our Patreon.

So if you want to hear that, you can join us on Patreon, patreon.com slash five fourpod, all spelled out and support our work with $5 or $10 a month.

Or if you want some of the free stuff, you can take a listen to some of our classic episodes wherever you listen to your podcasts.

Good episodes you might want to check out in particular.

Back in March, in the episode, We Need to Talk About Ginny, we spoke to the New Yorkers Jane Mayer about the wife of Justice Clarence Thomas, Ginny Thomas, and her involvement in the January 6th insurrection, and

her history with cults.

Not even a light history.

No, full-on cults.

Full-on cults.

We've also done a two-part series called The Rise and Fall of Roe, breaking down how conservatives have used abortion in the courts to advance a larger agenda constraining civil liberties.

I think it's some of our best work.

You might also be interested in hearing our episode, U.S.

v.

Morrison, about the Supreme Court striking down part of the Violence Against Women Act or Morris v.

Frederick, where the court took a swing at student speech rights at school events.

Yeah, our catalog is just sort of greatest hits of the worst things the court has ever done and their ongoing effort to cater to the wealthy, consolidate power among their political allies, and carve away your rights.

So, you know, if you enjoy getting mad and perhaps getting slightly organized, feel free to check out the back catalog and we will see you next week or find us over on patreon at patreon.com slash five fourpod, all spelled out.

And before we sign off, Michael, I think maybe we should discuss some recent developments because the draft Dobbs decision resulted in a bunch of protests outside of justices' homes, which has led to the worst, dullest people on earth blushing the pearls

about the propriety of such protests.

I guess it makes justices feel nervous and they should be able to sort of go to work and ruin your entire life and then go home and just not be bothered, just like kick it with your family.

And everybody in D.C.

seems to agree.

Yep, that's absolutely correct.

Democrats and Republicans alike.

It is maddening.

First of all, I want to say to anybody protesting, fuck yeah, that's great.

Yeah, you're cool.

Yeah, you're real cool.

Anyone who yells at them if they go out to eat and you see them at your restaurant, any waiter who spits in their food,

yeah.

I don't think they should have a moment's peace for the rest of their life.

Like, truly, I truly believe that.

But yeah, it's been a disappointing response from the Democrats, don't you think, Peter?

Well, I mean, the good news is that we've seen finally some business getting done in Washington.

Yes.

Yes.

Because the Democrats, rather than scramble to, say, codify the right to an abortion in the law, have decided to pursue legislation that would protect Supreme Court justices from protesters.

Beef up their security.

Really an unbelievable display of Democratic priorities.

Yeah.

And the extent to which they truly either hate their base or are just absolutely terrified of even the slightest amount of negative press.

Yeah, I think the most generous reading is that it's an unbelievable act of cowardice.

And I think that might be right.

Not just generous.

I think that's probably accurate.

They're just cowards.

They're not ready for the moment.

It's an extraordinary moment and that requires doing extraordinary things.

And that requires courage, right?

Courage to make big changes, to say this requires maybe something entirely new, maybe rethinking the Supreme Court or how we handle these issues in general.

Well, I mean, I think some thoughtful commentators have pointed out that Republicans have generally embraced the outrage of their base

when their base gets mad, right?

I mean, they took the Tea Party movement and turned it into the basis for the Trump administration, in essence.

And the Democrats run from their base.

They are terrified of giving the base any amount of poll.

They don't use the energy.

They try to squash it.

It's just fucking depressing.

And I think the last thing I'll say about it, and I was talking about this online as well, there was a case in the 90s, Madsen v.

Women's Health Center, about

the rights of anti-abortion protesters to protest outside of clinics and outside of the homes of abortion clinic staff.

And the Supreme Court struck down a restriction on the rights of those protesters to protest outside of the homes of abortion clinic employees.

So

for all of the fretting and whining about people protesting outside of the homes of some of the most powerful public figures in this country, the Supreme Court itself, just like 25 years ago, said that it was totally cool and in fact constitutionally protected to protest outside of the homes of employees at abortion clinics.

So think about that when you see some fucking just absolutely cowardly talking head from the Democratic Party talking about how this is sort of despicable or unsettling behavior.

It's rules.

that protect the powerful and not the weak.

That's it.

Yeah.

And as a final note for me, I spent a few minutes this morning, didn't take long, just calling up both my senators and my representative and telling them I expected them to vote no on this bill and for them to oppose it even being brought to the floor before they've codified Roe v.

Wade into law.

And, you know, also to acknowledge that codifying Roe v.

Wade is probably not enough with the Supreme Court and

that we should be tackling court reform as well to actually protect reproductive freedom, and that protecting reproductive freedom should be the priority.

I encourage you all to do that as well, to let your representatives know that's what your priority is, too.

That's what you expect of them.

We joked about me giving way too much money to Democratic politicians, but that means that I get to say, look, I'm turning off the fucking spigot.

No more, no more money from me.

Your largest donor, Michael, is

saying no more.

All right.

Well, I think that's enough for a little,

whatever the fuck this is.

Is this a teaser?

I think this is technically a teaser.

This is a teaser.

Yeah.

Yeah.

If you're new to the podcast, we appreciate you.

Check out the back catalog.

If you're an old-time friend, thanks for hanging.

You know,

everybody, be well.

Donate to abortion funds, and we'll see you.

Bye, everybody.