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May 9, 2023 • 1h 13min

The Shadow Docket with Steve Vladeck

As the Court has moved right, it's been using the "shadow docket" to execute on more of its agenda. Previously reserved for emergencies, like stays of executions, the process of hearing cases outside of the Court's ordinary calendar is now frequently used to issue unsigned and unexplained decisions that overturn the status quo. We'll dig into it with University of Texas School of Law professor Steve Vladeck, and author of The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.]5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
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May 2, 2023 • 53min

Palmer v. Thompson

Dive into the intriguing case of Palmer v. Thompson, where Jackson, Mississippi chose to close public pools to dodge integration. Explore the historical fight for desegregation in the South and the troubling consequences of 'leveling down' public services. The discussion digs into the complexities of systemic racism woven into legal decisions, revealing the detrimental legacy of segregation on marginalized communities. It’s an eye-opening look at equality and the subtleties of law amid the backdrop of civil rights struggles.
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Apr 25, 2023 • 5min

The Thomas/Crow Affair [TEASER]

Just to refresh your memory - bribery is when you write "bribe in exchange for your vote" on the memo line of a check, OR when you sign a contract saying you are doing bribes and then drop a pillowcase full of cash off at someone's office while multiple DOJ officials are watching.  A billionaire ferrying a public official around on his private jet and super yacht, while he sits on the board of multiple organizations that are trying to influence the Court, is NOT bribery. It's just friends bein' friends!The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.
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Apr 18, 2023 • 59min

Ewing v. California

The tension is palpable with the count tied at 3-2 … the defendant steps up to the plate and … OH! Swing and a miss! That's the third strike for our defendant which means the Court is going home with the win and the defendant is going to jail forever!  Tax payers will also move down in the standings; they'll be footing the bill for senseless incarceration for 25 years to life. The 8th Amendment also takes a hit with this loss, moving down from "Constitutional law" to "that's just your opinion, man."If you think this episode description is dumb, wait until you hear the rationale in the decision.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
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Apr 11, 2023 • 5min

Noted Segregationist William Rehnquist [TEASER]

Well if intimidating minority voters, issuing memos in support of school segregation, and moving into a neighborhood that bars Jews from owning homes there makes you a segregationist ……then William Rehnquist was a segregationist.  A man who served as Chief Justice of the Supreme Court. Until 2005. The same year Gorillaz released "Feel Good Inc." The year Wedding Crashers came out. It's Always Sunny in Philadelphia premiered BEFORE this man left the bench. Please do not let your takeaway here be "man I feel old."If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
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Apr 4, 2023 • 57min

Cruzan v. Missouri Department of Health

This episode contains discussions about the right to die, end of life matters, and suicide, which may be uncomfortable for some listeners. If you or someone you know is struggling with thoughts of suicide, please seek help immediately. Resources and support for those in need can be found at the National Suicide Prevention Lifeline at 988lifeline.org, or by dialing 988. Please take care while listening.If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Thanks to Erin Hawley, who reviewed this episode and helped us make it better. You can find her online at geekygimp.com.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
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Mar 31, 2023 • 5min

Palestine Legal: "The Great Difference a Movement Lawyer Can Make" [TEASER]

We're back with another episode of Rhiannon's movement lawyering series! In this episode, Rhiannon talks with Palestine Legal's senior staff attorney Radhika Sainath and staff attorney Dylan Saba about their mission to protect Palestinian activists from harassment, and the power of intersectional liberation movements.The full version of this premium episode is currently available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Palestine Legal (@pal_legal), Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter and Instagram. Hosted on Acast. See acast.com/privacy for more information.
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Mar 28, 2023 • 1h 7min

5-4 x Bloc Party: Michael on How the Dems Flopped on Debt Relief

Breaking news! It's not just the Supreme Court that sucks - it's ALSO the executive and legislative branches!  This week we're sharing Michael's appearance on Bloc Party, talking about how oral arguments went down in the SCOTUS cases that could make or break Biden’s student loan cancellation initiative.  Eleni Schirmer from the Debt Collective also joins in, to cringe at Roberts’ lawnmower commentary and reflect on the way Biden is (or more notably…is not) exercising his executive authority. Bloc Party is a show from Justice Democrats about the fight for the soul of the Democratic Party, featuring progressive champions challenging the status quo from inside the halls of power and the organizers transforming the party’s agenda from the outside. You can find it wherever you found this podcast.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
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Mar 21, 2023 • 46min

Boyle v. United Technologies Corporation

What does a military contractor have in common with Justice Antonin Scalia? They both manufacture things! The contractor manufactures helicopters with faulty escape hatches. Scalia manufactures, out of whole cloth, new laws about who can be held liable for deaths. Neither of them care if you live or die, as long as the designs are to spec!5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. Hosted on Acast. See acast.com/privacy for more information.
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Mar 14, 2023 • 6min

"When I say EMPTY you say SKULL" - Live in Austin [TEASER]

Recorded live at Stateside at the Paramount! Join us as we skewer Texas judges (not literally!), teach a robot to argue before the Supreme Court, and answer the question that has haunted this podcast from the very beginning: Who IS Leon Neyfakh? The full version of this premium episode is available exclusively to our subscribers. To join, visit https://www.fivefourpod.com/support.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. 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 Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.

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