5-4
Episodes
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...
Published 12/01/20
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...
Published 11/17/20
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...
Published 11/10/20
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.  Please support our sponsors: HelixSleep.com/FiveFour
Published 11/03/20
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)...
Published 10/27/20
The hosts reflect on the Amy Coney Barrett confirmation hearings, then move on to discussing gerrymandering, the practice of drawing up voting districts to favor a particular political party. Specifically, they talk about Rucho v. Common Cause, a 2019 case in which the Supreme Court not only refused to rule on two states’ gerrymandered maps, they found all partisan gerrymandering to be outside the purview of the Court going forward.    Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon),...
Published 10/20/20
The hosts discuss the past, present, and future of the Electoral College, and all the ways it could be used to stage a procedural coup in the upcoming election. They also talk about how the Electoral College could be restructured to give greater representation to states with large populations, like California. But if it were up to them, they’d get rid of this undemocratic institution all together, and switch to a system in which the president is chosen by popular vote.   Follow Peter...
Published 10/13/20
The hosts discuss the recent news that Donald Trump has contracted COVID-19 and what implications it might have for the upcoming election and the Supreme Court. Then they answer listener questions, covering everything from court reform to how to decide if you should go to law school.   Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.    Please support our sponsors:    BuyRaycon.com/FIVEFOUR 
Published 10/06/20
The hosts talk about Amy Coney Barrett, who has been nominated to replace Ruth Bader Ginsburg on the Supreme Court. They discuss the nominee's judicial record, her faith, and what it means to be nominated by President Trump at this time.   Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.
Published 09/29/20
On this week's episode of 5-4, Peter, Rhiannon, and Michael are discussing the death of Ruth Bader Ginsburg. Specifically, the hosts talk about the consequences of RBG's decision not to step down from the Court during Barack Obama's presidency, what that decision tells us about her, and what lies ahead.   Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.
Published 09/21/20
On this week’s episode of 5-4, Peter, Rhiannon, and Michael are talking about the police use of chokeholds. In 1983 the Supreme Court found in LA v. Lyons that a man who had been brutally choked by police did not have standing to sue to stop the practice through an injunction. And that’s one reason it is still used today and has been a focus of protests by the Black Lives Matter movement after the 2014 death of Eric Garner.   Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael...
Published 09/15/20
On this week’s episode of 5-4, Peter, Rhiannon, and Michael are discussing the right to vote. As the 2020 presidential election draws near, the Trump campaign has already started suing states over the use of mail-in ballots. The hosts talk through the basics of election law history and explain how individual citizens' right to vote is only sort of provided for in the Constitution.   Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) on Twitter.    Please support...
Published 09/08/20
On this week’s episode of 5-4, Peter (@The_Law_Boy) and Rhiannon (@AywaRhiannon) are joined by their friend Adam to discuss the 1972 case that exempted professional baseball from antitrust law. Please support our sponsors: Helix Raycon   
Published 09/01/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2009 case that denied immigrants who have committed certain crimes the right to a bond hearing, and illustrated the futility of objectively interpreting the law.     Please support our sponsors:  magicspoon.com/FIVEFOUR  HelixSleep.com/FIVEFOUR   jordanharbinger.com/subscribe 
Published 08/25/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the 2000 case that allowed Boy Scouts to discriminate against gay scout leaders.
Published 08/18/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and special guest Leon Neyfakh (@Leoncrawl) discuss the 1974 case that effectively ended school desegregation efforts. 
Published 08/11/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) look back at the most recent Supreme Court term.
Published 08/04/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about civil forfeiture, the practice that lets police seize private property if it’s suspected of being involved in a crime.
Published 07/21/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a decision that let employers pressure workers into signing away their rights to class action suits.  Please support our sponsors:  Magic Spoon Spotify  Helix
Published 07/14/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about campaign finance in Buckley v. Valeo. The decision established that, when it comes to elections, money is speech based on the First Amendment.
Published 07/07/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) are joined by special guest Sam Bagenstos, professor at the University of Michigan Law School, to discuss a case that made it harder for unions to collect fees.   Please support our sponsors:    Raycon -- buyraycon.com/fivefour Spotify
Published 06/30/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) examine the doctrine of qualified immunity, which protects police and other officials from being sued for civil rights and other abuses.   Please support our sponsors:    Raycon -- buyraycon.com/fivefour Helix -- helixsleep.com/fivefour
Published 06/23/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) discuss a decision that limited damages in the case of the Exxon Valdez oil spill, one of the worst environmental disasters in US history. The ruling also capped damages that can be sought in all maritime law cases.   Please support our sponsor:  Raycon -- buyraycon.com/fivefour
Published 06/17/20
On this week’s bonus episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about the Court’s surprise decision affirming that the Civil Rights Act prevents employers from discriminating against people on the basis of their gender identity or sexual orientation. The hosts pay special attention to Justice Alito’s special dissent.  
Published 06/16/20
On this week’s episode of 5-4, Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon), and Michael (@_FleerUltra) talk about a case involving a Border Patrol agent who shot a teenager across the U.S.-Mexico border. The hosts are joined by Steven Vladeck, who argued the case before the Supreme Court on behalf of the victim’s family.
Published 06/09/20