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5-4

5-4

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. 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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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 case episodes, premium episodes, invitations to exclusive events, merch discounts, and more. Jealous? Join at patreon.com/fivefourpod.

Follow Elie on Twitter @elieNYC.


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2021-10-12
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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 Amendment right to accidentally say the quiet part out loud when they're doing a retaliatory arrest. 

Patreon subscribers get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more. Jealous? Join at patreon.com/fivefourpod.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.


Learn more about Expand the Court Lobby Day here: https://actionnetwork.org/forms/lobby-day-2/?source=djo


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2021-10-05
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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 your eyes and look at the law kinda sideways in the dark, Congress must not have meant for the law to actually keep Native families together. Land back.

Listen to This Land with Rebecca Nagle, so that Rachel can get that $50. And for more about Adoptive Couple v. Baby Girl, check out this episode of More Perfect.


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2021-09-21
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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 Control the ability to ban eviction during the pandemic.

The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod


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2021-09-14
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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 even intends to help someone get an abortion after 6 weeks of pregnancy. The effect is that while very early term abortions are still legal in Texas, private individuals have been deputized to bounty hunt abortion providers, activists, and even Uber drivers.

To help Texas women receive abortion care you can donate to this ActBlue fund, which splits the resources across several Texas-based abortion funds.Go to needabortion.org to give funds or get access to care.To find your local abortion fund, visit abortionfunds.org.To join the Center for Reproductive Rights Lawyers' Network, contact [email protected].

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2021-09-04
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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 (or haters) in our Slack community, by joining our Patreon at the $10 a month level. Patreon subscribers also get ad-free case episodes, premium episodes, invitations to exclusive events, merch discounts, and more.

Read Duncan Kennedy's "Legal Education and the Reproduction of Hierarchy" here.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.


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2021-08-31
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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 events, merch discounts, and more. Jealous? Join at patreon.com/fivefourpod.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.


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2021-08-24
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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, visit www.patreon.com/fivefourpod


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2021-08-17
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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 you though. Signing that petition to free Mumia in 11th grade is going on your permanent record.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

To get premium Patreon-only episodes, ad-free episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-08-10
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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 (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

To get premium Patreon-only episodes, ad-free episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-08-03
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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, visit www.patreon.com/fivefourpod


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2021-07-27
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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 with new episodes starting next week.

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2021-07-20
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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 scandal, starting with the rise of Libyan dictator Muammar Gaddafi and ending with the 2016 election. The episode we're sharing today is the fourth one in the series, in which Mitt Romney's presidential campaign pounces on the Benghazi attack as a political issue before the attack itself was even over. To hear the rest of FIASCO: BENGHAZI, subscribe to the Luminary channel on Apple Podcasts by visiting apple.co/fiasco.

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2021-07-15
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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 the majority of justices on the Supreme Court think, based on the ruling in Cedar Point Nursery v. Hassid.

We want to know what you think about 5-4 - give us your feedback on this survey!

To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-07-06
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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 premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod


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2021-06-29
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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 out great!


Patreon members got this episode a week ago! To get early access to emergency episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-06-29
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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 out great!


Patreon members can hear the full episode now, instead of waiting a week! To join, visit www.patreon.com/fivefourpod


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2021-06-22
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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' Federalist Society were triggered.

Our Patreon supporters received this episode a week early. You can get early access, exclusive episodes, membership in the 5-4 Slack, and more too, if you become a member.


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2021-06-21
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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 (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-06-15
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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 News (@somemorenews), Katy Stoll (@katystoll) and Cody Johnston (@drmistercody) on Twitter. They're on Patreon, and so is 5-4. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up at www.patreon.com/fivefourpod.


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2021-06-08
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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, visit www.patreon.com/fivefourpod

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.


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2021-06-01
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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 boys.

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-05-25
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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 which NYC comedians Steven Phillips-Horst and Lily Marotta take on a different celebrity memoir every week and use it as a canvas for exploring pop culture, the sick 'n' twisted lives of the rich 'n' famous, and their own lifelong friendship. The subject of this week's episode was selected with 5-4 listeners in mind: It's Johnnie Cochran's Journey to Justice, in which the world's most famous lawyer ? not including Peter, Rhiannon, and Michael ? opens up the briefcase on his life in the law. If you like what you hear, subscribe to Celebrity Book Club with Steven and Lily now.

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2021-05-20
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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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.

To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-05-18
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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 supporters. To join, visit www.patreon.com/fivefourpod

Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.



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2021-05-11
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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 (@_FleerUltra) on Twitter.

To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-05-04
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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, in which the petitioner sought to have his appeal heard because a judge had miscalculated a deadline, and his lawyer had the audacity to adhere to it. The court denied the petitioner, citing "rules are rules, even when they aren't actually rules."

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2021-04-27
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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 "delineated" we mean "decimated."


In these cases, and since these cases, the Supreme Court has repeatedly used economic justifications to create and reinforce racist policies that disadvantage and disenfranchise people who live in our country's de facto colonies. Do you love live-fire military exercises, half a millennium of genocidal rule, and not getting to vote in federal elections? Visit scenic Guam!


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2021-04-20
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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 terminated for union organizing, citing his lack of authorization to work in the United States. The decision completely rejected the ruling of the NLRB, guidance from the Department of Justice, standing immigration law, and basic human decency.


Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.


To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-04-13
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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 (@katystoll) and Cody Johnston (@drmistercody) on Twitter. They're on Patreon, and so is 5-4. To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up at www.patreon.com/fivefourpod.



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2021-04-06
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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 innocence, does not constitute a "pattern."  Where's your dictionary now, Scalia?


Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.


To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-03-30
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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), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.


The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod



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2021-03-23
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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 (@geekygimp) for her help prepping this episode.


Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.


To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon at www.patreon.com/fivefourpod.


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2021-03-16
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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 System. They discuss San Antonio ISD v Rodriguez, an equal protection case from 1973, which is widely cited by conservatives as holding that the equal protection clause does not protect impoverished people. The hosts beg to differ.


Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.


To get premium Patreon-only episodes, access to exclusive events, and membership in the 5-4 Slack, sign up for our Patreon.


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2021-03-09
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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 the full episode, sign up for our Patreon.


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2021-03-02
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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 racial disparities is not enough to prove discrimination. Instead, defendants have to show that individual prosecutors, judges or juries pursued them with racist intent. As a result, states were basically let off the hook for perpetuating systemic racism in death penalty cases.


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2021-02-23
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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 created a loophole by allowing states to decide the standard for who qualifies as intellectually disabled. As a result of the Court?s lack of clarity, some states have continued to execute people with intellectual disabilities to this day.

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2021-02-16
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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 Court constrained the ability of Congress to regulate interstate commerce, not only weakening an important civil rights law, but also making it more difficult for Congress to pass progressive legislation going forward.


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2021-02-09
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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 deferential the Supreme Court is to police power, and has resulted in an increased reliance on anonymous tips by the cops, and a corresponding erosion of citizens? privacy rights.


Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.


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2021-02-02
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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 free speech under the First Amendment. The Supreme Court disagreed. In this episode, your hosts discuss the contours of student free speech, the Court?s puritanical moralizing on marijuana, and the importance of absurdist speech in creating real change.

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2021-01-26
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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 access so long as abortion regulations don?t create an ?undue burden.? The vague standard set lawmakers on a new path of attacking abortion access and fueled anti-abortion groups? efforts to spread stigma and misinformation, setting up Roe v. Wade for a death by a thousand cuts.

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2021-01-19
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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 discuss how Roe was weaponized by the conservative legal movement to rally against an interpretation of the Constitution that allows for flexibility in favor of a far more rigid approach.

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2021-01-12
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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 and textualism, and the rise of the Federalist Society from a small group of conservative students and academics to an organization whose members constitute the majority of the Supreme Court.


Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.


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2020-12-29
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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 evidence of their innocence reviewed in federal habeas corpus proceedings, often the last resort for someone who has exhausted their appeals. In a 6-to-3 vote, the Court rejected the claim, barely shying away from holding that the Constitution does not protect against an innocent person being executed.

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2020-12-15
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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 religious gatherings in high-risk areas. The case has already spawned more challenges to pandemic-related restrictions on religious gatherings and likely foreshadows the expansion of legal exemptions for religious groups.


Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.


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2020-12-08
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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 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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2020-12-01
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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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2020-11-17
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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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2020-11-10
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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. 

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2020-11-03
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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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2020-10-27
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