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5-4

Latest episodes

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Apr 2, 2024 • 6min

The (Constitutional) Crisis at the Border

The podcast discusses Texas passing a law to police the US-Mexico border, challenging federal policy. It delves into the conflict between state and federal powers, exploring the implications of criminalizing presence in the US illegally and escalating border patrol encounters.
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Mar 26, 2024 • 48min

United States v. Jones

Exploring the complexities of insanity defense in the legal system, United States v. Jones highlights the indefinite commitment for pleading not guilty by reason of insanity. The case of Michael Jones sheds light on involuntary commitments, historical evolution of the insanity defense, and the intersection of mental health and the legal system. Critiques on punitive mental health interventions and upcoming episode on right-wing resistance to the Supreme Court add depth to the insightful discussion.
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Mar 19, 2024 • 47min

Illinois v. Caballes

Exploring the legality and ethics of using drug-sniffing dogs in routine traffic stops, the podcast delves into Fourth Amendment rights, privacy concerns, and the fallibility of dog sniffs. Justices dissent on the broad scope of investigations, highlighting the erosion of privacy rights and flawed assumptions guiding their use. The discussion raises questions about the reliability of dog sniffs, probable cause, and the blurred lines between searches and privacy rights.
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Mar 7, 2024 • 50min

Trump v. Anderson

The podcast discusses Trump's legal battles to stay on the Colorado ballot, critiquing the Supreme Court's decision. Topics include Justice Amy Coney Barrett's concurrence, dissent from liberal justices, and the lack of consequences for insurrectionist actions. The episode concludes with banter with guest Jay Willis and promotions for social media and Patreon.
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Mar 5, 2024 • 7min

How to Teach Constitutional Law [TEASER]

The legal academy is losing its mind. Good news for us, the profs are talking about their broken brains in the New York Times. Today on the show, Peter, Rhiannon, and Michael discuss “The Crisis in Teaching Constitutional Law” by Jesse Wegman to snark on the state of legal education.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Benjamin Frisch is our producer for this episode. Leon Neyfakh and Andrew Parsons provide editorial support. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon. Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands
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Feb 27, 2024 • 1h

Nixon v. Fitzgerald

Exploring the complexities of presidential immunity, the podcast discusses legal challenges in suing a sitting president and the lack of clear precedents. It delves into an unusual court settlement between President Nixon and Mr. Fitzgerald, with a side bet on the Supreme Court's ruling. The debate on presidential immunity, holding presidents accountable for their actions, and the implications on legal proceedings involving former presidents are also discussed.
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Feb 20, 2024 • 50min

Maryland v. Shatzer

The podcast delves into the Supreme Court case allowing repeated interrogations with an arbitrary 14-day waiting period. It explores Justice Clarence Thomas's views on the Edwards rule and tensions in the legal system regarding self-representation. The analysis criticizes unrealistic expectations on individuals during police interrogations and emphasizes the risks of interacting with law enforcement without a lawyer.
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Feb 13, 2024 • 8min

The Federalist Society, part 4: How to Fight Back [TEASER]

This podcast discusses strategies for countering the Federalist Society's influence, including leveraging the left's strengths, retracting studies on anti-Miffer-pristone, undermining the society through legal and political mobilization, and critiquing their recruitment tactics.
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Feb 6, 2024 • 55min

The Federalist Society, part 3: The Spoils

Explore the achievements and influence of the Federalist Society in shaping the conservative legal landscape. Discover their control over the courts and their impact on interpreting the Constitution. Delve into their involvement in attacking mail-in voting and their connections to the January 6th riot. Learn about their broad network and goals, which extend beyond overturning Roe v. Wade to targeting marginalized groups.
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6 snips
Jan 30, 2024 • 1h 18min

The Federalist Society, part 2: The Debate Club

First you get the money, then you get the power. But FIRST first you get the law students. This week we're exploring the tentacles of the Federalist Society, and how a so-called debate club pulls levers across government, the legal profession, and academia, to achieve its conservative ideological goals.Hear more from this episode's contributors:Vanessa A. Bee is the author of HOME BOUND: An Uprooted Daughter’s Reflections on Belonging (Astra Publishing, 2022).Andrea Bernstein's reporting with ProPublica and WNYC, about Leonard Leo, is available on On The Media's "We Don't Talk about Leonard" series.Nancy Gertner is the author of In Defense of Women: Memoirs of an Unrepentant Advocate (Beacon Press, 2011).Jon Hanson is the director of Harvard Law School's Systemic Justice Project, a problem-centric alternative to the traditional legal-educational mode.Amanda Hollis-Brusky is the author of Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford University Press, 2014).If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.5-4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. This episode was fact-checked by Arielle Swedback. Our researcher is Jonathan DeBruin, and our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow the show at @fivefourpod on most platforms. On Twitter, find Peter @The_Law_Boy and Rhiannon @AywaRhiannon.  Hosted on Acast. See acast.com/privacy for more information.Advertising Inquiries: https://redcircle.com/brands

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