5-4

Prologue Projects
undefined
Mar 9, 2021 • 52min

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. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
undefined
Mar 2, 2021 • 4min

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. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
undefined
Feb 23, 2021 • 49min

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.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
undefined
Feb 16, 2021 • 58min

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. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
undefined
Feb 9, 2021 • 50min

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.Follow eter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
undefined
Feb 2, 2021 • 50min

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. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
undefined
Jan 26, 2021 • 40min

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. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
undefined
Jan 19, 2021 • 1h

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. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
undefined
Jan 12, 2021 • 54min

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. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
undefined
Dec 29, 2020 • 1h 25min

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. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands

The AI-powered Podcast Player

Save insights by tapping your headphones, chat with episodes, discover the best highlights - and more!
App store bannerPlay store banner
Get the app