Alle afleveringen
333 afleveringen, van nieuw naar oud
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Harriet Miers Gets Wrecked [TEASER]
23 augustus 2022 · 4 min
Harriet Miers was a lawyer and advisor in the Bush Administration. But what she was NOT was reliably conservative enough to pass Federalist Society muster. Her failed nomination was the first breath of a new era in Court politics: where you toe the line or you gtfo. Lees meer
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New York State Rifle and Pistol Association v. Bruen
16 augustus 2022 · 53 min
The United States has a long, complex, and often contradictory history of firearm regulation. Clarence Thomas reached into that history, selected the parts he liked, discarded the parts he didn’t, and used it to overturn New York’s longstanding handgun licensing law. Lees meer
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Oklahoma v. Castro-Huerta
9 augustus 2022 · 42 min
Continuing its trajectory of abandoning tests that don't pass the vibe check, the Supreme Court ruled that states can prosecute crimes committed by non-Natives on Native land. The holding overturns literally centuries of precedent and clears the way to eliminate tribal sovereignty all together. Lees meer
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Free Speech, Cancel Culture, and the Court [TEASER]
2 augustus 2022 · 6 min
Live from the People's Parity convening in Washington, DC, we're talking about free speech and the right's obsession with cancel culture. We're digging into what speech the conservative legal movement thinks is worth protecting (such as the heavenbound prayers of a humble junior varsity football coach) and what speech is not (all other speech). Lees meer
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"We can make Roe the law everywhere" - An Interview with Senator Elizabeth Warren
28 juli 2022 · 34 min
Senator Elizabeth Warren, we can only assume against the advice of counsel, agreed to come on 5-4. We talked about the filibuster, the Democratic response to Dobbs, and Peter and Michael's beards. Lees meer
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WTF Are The Dems Doing? with Jamelle Bouie
26 juli 2022 · 56 min
Imagine you are given a month and a half head start on a race. Do you A) start running, B) wait around until the official start time to run, or C) act surprised when the race starts and chastise any of your teammates who tell you that it's time to start running? If you chose C, congratulations, you are the Democratic Party responding to the Dobb decision! Lees meer
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West Virginia v. Environmental Protection Agency
19 juli 2022 · 50 min
John Roberts has decided that the standard for whether or not something is a "major question" is whether or not it "raises an eyebrow." But like, let's not beat around the bush, John - you can just say vibe check. Lees meer
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Kennedy v. Bremerton School District
12 juli 2022 · 42 min
In this case from the most recent term, the Court once again says we should look to history and tradition to determine what's appropriate. Which is gonna be a tough one to parse, because the founders didn't really give us a strong sense of how they felt about junior varsity football games at public high schools. Probably because none of those things had been invented yet. Lees meer
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Shinn v. Ramirez
28 juni 2022 · 41 min
This episode contains descriptions of violence against a child that may be challenging for some listeners. Please take care while listening. Lees meer
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Emergency Episode: Roe Is Overturned
26 juni 2022 · 1 uur 2 min
The Supreme Court has released the long-awaited Dobbs v. Jackson Women's Health Organization decision. The news is bad. Lees meer
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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Egbert v. Boule
21 juni 2022 · 46 min
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. Lees meer
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5-4 x Know Your Enemy: "Overturning Roe, Part One"
14 juni 2022 · 1 uur 25 min
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. Lees meer
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Federal Election Commission v. Ted Cruz for Senate
7 juni 2022 · 1 uur 10 min
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. Lees meer
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Brett Kavanaugh - Unlocked Premium Episode
31 mei 2022 · 1 uur
The hosts pound some brewskis with Supreme Court Justice Brett Kavanaugh. Lees meer
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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Whren v. United States
24 mei 2022 · 42 min
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. Lees meer
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United States v. Vaello Madero
17 mei 2022 · 41 min
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. Lees meer
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5-4 Live in Oakland [TEASER]
10 mei 2022 · 8 min
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. Lees meer
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Dobbs v. Jackson Women's Health: The End of Roe
4 mei 2022 · 1 uur 5 min
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. Lees meer
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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Lassiter v. Department of Social Services
26 april 2022 · 51 min
In this case, the Supreme Court rules that a mother who is at risk of losing parental rights for her child is not entitled to a lawyer during the proceedings. This episode features discussions of families interacting with social services and the foster system. Please take care while listening. Lees meer
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Immigration and Naturalization Service v. Elias-Zacarias
19 april 2022 · 37 min
A difference of political opinion is when one person wants the coal industry to get tax breaks, but another person wants the oil industry to get tax breaks. Not wanting to be conscripted into an army to fight in a war against your will is NOT a political opinion. Therefore, it is totally fine for the United States - the nation that instigated the war mind you - to deny you an asylum hearing and send you back to face that certain fate. Lees meer
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How the Biden SCOTUS Commission Radicalized One Law Professor [TEASER]
12 april 2022 · 4 min
President Biden thought he could bury his weaksauce Supreme Court commission report by releasing it right before Christmas. Nice try Joey. We talked to commission member Kermit Roosevelt, of University of Pennsylvania Carey Law School, about being radicalized by his fellow liberals on the commission. Not because they're radical too, but because they're so institutionalist he got fed up. Lees meer
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5-4 Presents: Damages - "Manoomin v. Minnesota"
5 april 2022 · 32 min
This week, 5-4 is inviting you to check out an episode of Damages, from the Critical Frequency Podcast Network. Lees meer
Damages is a courtroom drama podcast that follows the well over 200 climate lawsuits currently active in courtrooms all over the world. Ranging from explanatory episodes to docuseries to narrative seasons, it’s a show about the quest for justice and a crime against humanity: the climate crisis. In this episode: a case on behalf of wild rice, or manoomin in the Ojibwe language. The rights of manoomin case was originally filed in an effort to stop construction of the Line 3 pipeline. That pipeline has been built, but the case is still active, and it could have major implications for other pipeline fights.
If you like Damages, you can find it https://www.drilledpodcast.com/damages/.
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Lorillard Tobacco Co. v. Reilly
29 maart 2022 · 54 min
To review: If you are an anonymous donor, using your money to drown out the voices of everyone else in an election, that is free speech. If you are a citizen who wants to tell a cop to fuck off, that is NOT free speech. And if you are a tobacco company that wants to tell children about the rich, smooth taste of a product that will addict and kill them, that is free speech. Lees meer
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Strickland v. Washington
22 maart 2022 · 41 min
In this case, eight Supreme Court justices felt like it was totally fine to let the state kill a man, even though his lawyer prepared exactly NOTHING to present mitigating factors during the sentencing phase of his trial. Lees meer
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The Civil Rights Cases of 1883 [TEASER]
15 maart 2022 · 5 min
In this episode, the hosts discuss a series of cases from 1883 about the 13th and 14th Amendments, which ultimately ushered in the Jim Crow era. And what's really fun (fun?), is that these holdings use some of the very same shitty justifications of racial discrimination that you'll find on Fox News to this very day. Time is a flat circle! Lees meer
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We Need To Talk About Ginni
8 maart 2022 · 41 min
In this long-anticipated episode we finally get into The Ginni Problem. New Yorker chief Washington correspondent Jane Mayer joins us to talk cults, insurrection, and other super normal Supreme Court stuff. Lees meer
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Merrill v. Milligan
1 maart 2022 · 49 min
The Supreme Court says there's simply no time before elections that are months away, to redraw racist Congressional district maps, that took all of one week to make initially. If you're a fan of democracy that probably sounds bad, but listen, nothing in the Constitution explicitly says that fascism is expressly prohibited. Lees meer
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The Lochner Era [TEASER]
22 februari 2022 · 5 min
Do you like reboots? You're gonna love The Lochner Era 2: Return of the Robber Barons! Featuring all of the union-busting, labor-exploiting, children-working-in-a-coal-mine of the original Gilded Age, but now with 100 percent more campaign spending by corporations! Lees meer
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Ingraham v. Wright
15 februari 2022 · 35 min
This episode contains references to physical abuse of children. Take care when listening. Lees meer
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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Parents Involved in Community Schools v. Seattle School District No. 1
8 februari 2022 · 53 min
Racism equals bad so acknowledging race bad too so reverse racism real so white girl go to preferred school, yes? Lees meer
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The Best Amendment (The Ninth) [TEASER]
1 februari 2022 · 6 min
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. Lees meer
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NFIB v. Department of Labor
25 januari 2022 · 55 min
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. Lees meer
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Florida v. Riley
18 januari 2022 · 43 min
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. Lees meer
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5-4 Presents: Scene on Radio - "Pachamama"
11 januari 2022 · 40 min
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. Lees meer
If you like Scene on Radio, you can find it wherever you get your podcasts.
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The Return of the Rise and Fall of Roe v. Wade, Pt. 1
4 januari 2022 · 1 uur
Welp, 2021 wasn't a banner year for reproductive rights, and 2022 is looking worse. Lees meer
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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The Return of the Rise and Fall of Roe v. Wade, Pt. 2
4 januari 2022 · 1 uur 1 min
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. Lees meer
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The 5-4 Giving Guide: How to Help
24 december 2021 · 16 min
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! Lees meer
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)
Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.
Learn more about how you can help get the Judiciary Act passed at https://demandjustice.org/podcast.
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5-4 Presents: The Politics of Everything on "the New Right"
21 december 2021 · 29 min
This week, 5-4 is inviting you to check out an episode of The Politics of Everything, from The New Republic: Lees meer
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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The Warren Court: 5 Out of 5 Stars [TEASER]
14 december 2021 · 5 min
On the 12th day of Christmas, the Warren Court gave to us: Lees meer
Loving Day on June 12th;
11 December 1952 - final day of argument in Brown v. Board of Education of Topeka;
Nationalization of the first ten amendments;
Nine concurring justices;
(8-1 in Reynolds v. Sims);
Seven birth control pills a week;
Sixth Amendment right to counsel;
Five Miranda rights;
Fourth Amendment protections;
Three expansions of due process;
Brown v. Board of Education II;
And one man, one vote.
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Town of Greece v. Galloway
7 december 2021 · 40 min
Let us now bow our heads in observance of this episode about why the Supreme Court thinks it's OK for a government to have prayer before public meetings, but NOT OK for the town to manage who gives that prayer or what they pray about. Amen. Lees meer
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The Failed Nomination of Robert Bork [TEASER]
23 november 2021 · 5 min
Robert Bork, a Regan nominee to the Supreme Court, showed the depth of his reactionary views during his confirmation hearings, and as a result, was voted down. That kicked off three decades of conservative whining and moaning and retribution, which continues to haunt us today. This is why we drink. Lees meer
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Michigan v. Environmental Protection Agency
16 november 2021 · 43 min
What's the return on investment on not having an asthma attack? If you can't count it, it doesn't count, according to the majority in this 5-4 ruling, which turned back EPA rules on mercury emissions from power plants. As a result, the power industry won't be burdened by those costly regulations, so you can breathe easy. LOL. Lees meer
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"This Is A Captured Institution" - An Interview with Senator Sheldon Whitehouse
9 november 2021 · 49 min
Senator Sheldon Whitehouse (D-RI) joins us to talk dark money, judicial nominations, and whether the Democrats have any hope of getting things done without filibuster reform. Lees meer
Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.
ERRATUM:
At 17:10 Senator Whitehouse refers to a study of 78 Roberts court era decisions. He incorrectly states that 72 of the cases advance Republican and/or corporate interests. The number is 73 cases, or 92 percent.
FURTHER READING:
"A Conservative Activist's Behind-the-Scenes Campaign to Remake the Nation's Courts" - Washington Post
"Inside the Koch-Backed Effort to Block the Largest Election-Reform Bill in Half a Century" - The New Yorker
"One unnamed donor gave $17 million to the Leo-affiliated Judicial Crisis Network to block the nomination of Judge Merrick Garland and to support Gorsuch; then a donor — perhaps the same one — gave another $17 million to prop up Kavanaugh."
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Hamdi v. Rumsfeld
2 november 2021 · 51 min
A foreign "prisoner of war" can communicate with their family. An American "traitor" can argue their case in court. An American "enemy combatant" can do neither, according to the Supreme Court, creating a third category of prisoner with very few legal rights. America immediately post-9/11 was very chill and normal. Lees meer
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Younger v. Harris
26 oktober 2021 · 43 min
Oof, this is a tough one: Protect the Constitutional rights of actual people, or clutch the vague concept of "federalism" in my grubby little hands like Gollum with that ring. TBH probably gonna go with my precious. Lees meer
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The Justices Are Getting Defensive [TEASER]
19 oktober 2021 · 5 min
When a Supreme Court Justice tells you he's totally legitimate and not part of a secret cabal 🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩. Lees meer
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2021-2022 Supreme Court Term Preview
12 oktober 2021 · 58 min
The 2022 Supreme Court term is shaping up to be pretty gnarly. We brought on The Nation's justice correspondent, Elie Mystal, to walk us through the cases he's watching. Lees meer
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Nieves v. Bartlett
5 oktober 2021 · 55 min
This case originates out of an incident at opposite Burning Man, a ski race in Alaska called Arctic Man. The ruling is about opposite free speech, wherein the justices vote to protect cops' First Amendment right to accidentally say the quiet part out loud when they're doing a retaliatory arrest. Lees meer
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Adoptive Couple v. Baby Girl
21 september 2021 · 46 min
A treaty or law not honored by the United States? It's more likely than you think! In a rare child custody case, the Supreme Court rules on the Indian Child Welfare Act, and finds that when you squint your eyes and look at the law kinda sideways in the dark, Congress must not have meant for the law to actually keep Native families together. Land back. Lees meer
Listen to This Land with Rebecca Nagle, so that Rachel can get that $50. And for more about Adoptive Couple v. Baby Girl, check out this episode of More Perfect.
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Eviction Moratorium: A Perfect Storm of Conservative Bullshit [TEASER]
14 september 2021 · 4 min
Liberty and the pursuit of justice for landlords and landlords only. In this episode, the hosts talk about how the Supreme Court contorted its reading of the law to deny the Centers for Disease Control the ability to ban eviction during the pandemic. Lees meer
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