5-4

This episode contains references to physical abuse of children. Take care when listening.

The standing law on corporal punishment - physically punishing children - in schools, is that it's legal because 8th Amendment protections against cruel and unusual punishment only applies to CRIMES. Failure to get your keister in line mister, is not a crime, and therefore, punishable by beating.

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Racism equals bad so acknowledging race bad too so reverse racism real so white girl go to preferred school, yes?

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This long-lost amendment gives you rights that our founding fathers, even in their wildest dreams, couldn't enumerate. So that's kind of a problem for modern conservatives.

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In this ongoing case, the Court holds that requirements that employees mask and test weekly, or get vaccinated, cannot be enforced while a challenge makes its way through the judiciary. It's good news for … I don't know, hermits living in caves who never interact with humans, or people who are already dead? For everyone else, it's not so great.

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Go-go-gadget surveillance state! In this case the Court holds that cops can hover a helicopter over your house and peer into it without a warrant. That set a new standard for the Fourth Amendment - namely that it doesn't really exist, and if you wanted privacy then you should have been richer.

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This week, 5-4 is inviting you to check out an episode of Scene on Radio, from the Center for Documentary Studies at Duke University. Scene on Radio asks big, hard questions about who we are, and how we got this way. This season, "The Repair," they're focusing on the climate crisis, and in this episode they're looking at the creative ways we can use the law to protect nature and fend off climate change.

If you like Scene on Radio, you can find it wherever you get your podcasts.

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Welp, 2021 wasn't a banner year for reproductive rights, and 2022 is looking worse.

That's why it's worth revisiting this episode about Roe v. Wade. In this first episode of a two-part series, the hosts 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.

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In the second part of this 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.

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We're sorry for bumming you out all year - but the antidote to a crumbling democracy is mutual aid! In this episode we've got some organizations that you can share your resources with, to help take the edge off of 2021's agony. Happy New Year! Better luck next year!

Here are links to the organizations that we talk about in this episode:

The Legal Aid Society of New York City - https://legalaidnyc.org/ (Peter)

International Refugee Assistance Project - https://refugeerights.org/ (Michael)

Texas Harm Reduction Alliance - https://www.harmreductiontx.org/ (Rhiannon)

Housing Justice for All - https://housingjusticeforall.org/ (Peter)

Lutheran Immigration and Refugee Service - https://www.lirs.org/ (Michael)

Jane's Due Process - https://janesdueprocess.org/ (Rhiannon)

Louisiana Center for Children's Rights - https://lakidsrights.org/ (Peter)

Advocates for Children of New York - https://www.advocatesforchildren.org/ (Michael)

Texas Fair Defense Project - https://www.fairdefense.org/ (Rhiannon)

Rivers & Birds - http://www.riversandbirds.org/ (Michael, a gunner)

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Learn more about how you can help get the Judiciary Act passed at https://demandjustice.org/podcast.

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This week, 5-4 is inviting you to check out an episode of The Politics of Everything, from The New Republic:

Today’s youth are overwhelmingly left-wing. So who are the young conservatives? On this episode of The Politics of Everything, hosts Laura Marsh and Alex Pareene talk to Sam Adler-Bell, a writer and the host of the podcast Know Your Enemy, about an energetic cohort who call themselves the New Right. They differ in many ways from the median right-wing voter. They hate the Republican establishment. Their heroes are illiberal authoritarians. Are they going to remake conservatism?

If you like The Politics of Everything you can find it wherever you get your podcasts.

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