5-4

This episode contains descriptions of violence against a child that may be challenging for some listeners. Please take care while listening.

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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.

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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.

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The hosts were recently guests on Know Your Enemy, talking about the origins of the conservative legal movement, and its decades-long campaign to overturn Roe v. Wade. This episode is part of a series they're calling "How They Did It," about the likely reversal of Roe. If you like this episode, you find Know Your Enemy wherever you get your podcasts.

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This week, the hosts use a variety of film and television references to try and capture the pure villainy of a recent ruling that allows candidates to "loan" their campaigns unlimited money and be paid back, with donor funds, AFTER they're elected. We're talking tie-a-damsel-to-the-tracks-twirl-your-mustache level.

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The hosts pound some brewskis with Supreme Court Justice Brett Kavanaugh.

Normally there would be no episode in the free feed this week, but we decided to do something special for ya. This episode was originally exclusively available to our Patreon members, but we're giving you a peek into the premium feed. If you enjoyed the episode and want to unlock more like it, like our just-released episode about Originalism, join our Patreon at $5 a month, at patreon.com/fivefourpod.

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This unanimous decision holds that cops who don't deal with traffic enforcement are allowed to tail you until you commit a minor offense, and then literally dive head first into your car to nab you on an unrelated drug charge. It's just another case in a long line of Supreme Court jurisprudence that is preferential to the "I Do What I Want" brand of policing … and completely antithetical to the Fourth Amendment.

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In this ruling from just last month, the Supreme Court ruled that Puerto Ricans are not entitled to equal protection under the Fifth Amendment because … unclear. Citizens who live in DC and the Northern Mariana Islands? Yes - equal citizens under the law. Puerto Ricans and Guamamians? Sorry, no, try again next century.

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A common criticism of 5-4 is that adjudicating is hard work, and the hosts have no experience. So to prove that no, judging is actually dummy easy and anyone can do it, in this live show, the hosts rule on disputes brought by the audience. They also talk about Oakland v. BP, in honor of their appearance at The New Parish in Oakland, AND make a very special phone call to everyone's favorite beer aficionado.

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In this emergency episode, the hosts are talking about what happens now that a draft of Dobbs v. Jackson Women's Health Organization decision has been leaked.  Roe v. Wade will almost certainly be overturned, and abortion will likely become illegal in almost half of the country. But other rights predicated on due process, like birth control, marriage equality, and desegregation, are at risk too.

To learn more about joining a network of lawyers for reproductive justice, visit https://www.ifwhenhow.org/. To donate to a coalition of more than 80 abortion funds, or donate to your local fund, visit https://abortionfunds.org/.  

If you or someone you know needs abortion access, visit https://www.ineedana.com/. To learn more about self-managed abortion at home, visit https://www.plancpills.org/.

To help Rachel fundraise $5,000 to end HIV/AIDS - but more importantly, to unlock the Snyder cut of this episode - visit http://tofighthiv.org/goto/racheldotbiz.

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