42 episodes

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, and an irreverent tour of all the ways in which the law is shaped by politics. Listen each week as hosts Peter, Michael, and Rhiannon dismantle the Justices’ legal reasoning on hot-button issues like affirmative action, gun rights, and campaign finance, and use dark humor to reveal the high court's biases. Presented by Slow Burn co-creator Leon Neyfakh, 5-4 is a production of Prologue Projects.
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5-4 Westwood One

    • Government
    • 4.3 • 1.3K Ratings

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, and an irreverent tour of all the ways in which the law is shaped by politics. Listen each week as hosts Peter, Michael, and Rhiannon dismantle the Justices’ legal reasoning on hot-button issues like affirmative action, gun rights, and campaign finance, and use dark humor to reveal the high court's biases. Presented by Slow Burn co-creator Leon Neyfakh, 5-4 is a production of Prologue Projects.
See acast.com/privacy for privacy and opt-out information.

    How Do You Plead?

    How Do You Plead?

    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 immigrant who claimed he was detained and tortured in the wake of 9/11 had his case dismissed because, according to the Court, his allegations that Bush administration officials were responsible for his treatment were not “plausible.” 
     
    Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. 

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    • 55 min
    Arizona Free Enterprise v. Bennett

    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 unconstitutional a matching funds program for political candidates who opt out of private fundraising, effectively killing public campaign financing. The hosts also talk about the Trump campaign’s ongoing efforts -- in the courts and otherwise -- to contest the results of the 2020 election, and how likely they are to affect the Biden victory.
    Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. 
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    • 47 min
    The Courts Can’t Save Him

    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 change the outcome of the election. They also reflect on some state-level initiatives and put forth their strategy for how President Biden should deal with a split Senate, especially on matters pertaining to the Supreme Court.  
     
    Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. 
     
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    • 52 min
    Reliving Bush v. Gore

    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 concurrence in the case. They then replay their original analysis of the 2000 election case that put George W. Bush in the White House. 
    Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. 
    Please support our sponsors: HelixSleep.com/FiveFour

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    • 1 hr
    How to Fix the Court feat. Rep. Ro Khanna

    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 Congressman Ro Khanna about court reform, and about the bill he has introduced to limit Supreme Court Justices' tenure. But they remain clear on their preferred option: packing the court to include more liberal justices.
    Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. 

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    • 1 hr 12 min
    The Gerrymandering Heist

    The Gerrymandering Heist

    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. Specifically, they talk about Rucho v. Common Cause, a 2019 case in which the Supreme Court not only refused to rule on two states’ gerrymandered maps, they found all partisan gerrymandering to be outside the purview of the Court going forward. 
     
    Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. 
     
    Please support our sponsors: 
     
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    • 59 min

Customer Reviews

4.3 out of 5
1.3K Ratings

1.3K Ratings

devil zilla ,

It’s not that funny

Please hit the mute button when you laugh. Superb otherwise.

Sargent Salt ,

One of my favorite podcasts

Brilliant incites lead to hilarious jabs at a highly corrupt system of power. I try to live the best life I can because I don’t want to end up in a room with Rehnquist after I die.

T…...J ,

Bad hosts

I can’t listen to that laugh

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