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5-4

Trump v. Orr

5-4

Prologue Projects

News, News Commentary, Government

4.53.7K Ratings

🗓️ 9 December 2025

⏱️ 47 minutes

🧾️ Download transcript

Summary

Trans erasure. Anti-intellectualism. Culture war. Moral panic. These are a few of the Supreme Court’s favorite things!

If you're not a 5-4 Premium member, you're not hearing every episode! To hear this and other Premium-only episodes, access to our Slack community, and more, join at fivefourpod.com/support.]

5-4 is presented by Prologue Projects. This episode was produced by Andrew Parsons. Leon Neyfakh provides editorial support. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Transcriptions of each episode are available at fivefourpod.com 

Follow the show at @fivefourpod on most platforms. On BlueSky, find Peter @notalawyer.bsky.social, Michael @fleerultra.bsky.social, and Rhiannon @aywarhiannon.bsky.social.




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Transcript

Click on a timestamp to play from that location

0:00.0

Hey everyone. This is Leon from Prologue Projects. On this episode of 5 to 4, Peter, Riannon, and Michael are talking about Trump v. Orr, a recent case from the shadow docket about transgender rights and the Trump administration's efforts to enforce its anti-trans agenda.

0:21.9

At issue in the case was Trump's executive order requiring transgender people to identify themselves

0:26.8

on their passports with the sex they were assigned at birth, and whether that requirement

0:31.1

violates the Equal Protection Clause. A lower court had issued a preliminary injunction

0:36.3

preventing the order from being enforced.

0:38.3

But in an emergency ruling, a majority of the justices stayed that injunction,

0:43.3

reasoning that the government would face irreparable harm if the policy wasn't enacted right away.

0:48.3

It is a gut punch for transgender and non-binary Americans who have fought hard for the right to be recognized as themselves.

0:56.7

The ACLU is warning this could expose trans travelers to harassment and violence while abroad.

1:03.3

It's another example of the justices allowing an aggressive executive order from the Trump administration

1:08.2

to be put into practice while it winds its way through the courts.

1:12.3

This is 5 to 4, a podcast about how much the Supreme Court sucks.

1:26.4

Welcome to 5 to 4, where we dissect and analyze the Supreme Court cases that have failed our nation, like a Christian student, failing a writing assignment.

1:34.9

I'm Peter. I'm here with Michael.

1:37.6

Hey, everybody. Henriannan.

1:39.7

Hello. What, your personal opinion isn't a citation anymore?

1:45.0

That doesn't count?

1:47.2

One of the funniest things I've ever seen.

1:49.6

And I guess, you know, all funny things now are sort of tragic as well.

1:53.9

A TA who almost certainly did not deserve it got suspended.

1:57.9

Hopefully that turns around in some way. But was that at OU?

2:03.0

Yeah, Oklahoma. There was a junior student who was asked to react to, I think, some research about

...

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