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 overturns literally centuries of precedent and clears the way to eliminate tribal sovereignty all together.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.

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 thinks is worth protecting (such as the heavenbound prayers of a humble junior varsity football coach) and what speech is not (all other speech).The full version of this premium episode is available exclusively to our Patreon supporters. To join, visit www.patreon.com/fivefourpod Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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 of your teammates who tell you that it's time to start running?  If you chose C, congratulations, you are the Democratic Party responding to the Dobb decision!Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.

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 say vibe check.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.

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 didn't really give us a strong sense of how they felt about junior varsity football games at public high schools. Probably because none of those things had been invented yet.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.

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 Michael (@_FleerUltra) on Twitter.If you're not.a member of our Patreon, you're not hearing every episode of 5-4. To get exclusive episodes, access to live events, and membership in our Slack community, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.

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 abortions after 15 weeks. The opinion is written by Justice Samuel Alito, and is largely the same as the opinion that was leaked earlier this year. Alito writes, "The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives." Roe v. Wade, precedent that has guaranteed privacy and bodily autonomy for half a century, is dead, imperiling the access to reproductive healthcare for millions of people.We know this has been a hard week, but what makes it a little lighter for us is knowing that you all are out there. Thanks for being a listener. Hosted on Acast. See acast.com/privacy for more information.

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 gall to file a complaint about it. So if you're keeping track at home, the Court is saying that First Amendment and Fourth Amendment don't actually mean anything.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. Hosted on Acast. See acast.com/privacy for more information.

Exploring the conservative legal movement's campaign to overturn Roe v. Wade, leaked opinions, strategies to limit abortion rights, influence of Federalist Society, textualism vs. originalism in legal interpretation, and preparing for post-Roe scenarios.