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PODCAST

Unwritten Law

Mark Chenoweth & John Vecchione

Every day, unelected federal agencies make decisions that affect your job, your business, your speech, your property, and your constitutional rights—often without Congress ever voting on them. From the rules that govern small businesses to the regulations that shape everyday life, the modern administrative state reaches further than most Americans realize. On Unwritten Law, constitutional lawyers Mark Chenoweth and John Vecchione break down the biggest legal battles involving federal agencies,

government

All Episodes

21:07

Fighting the SEC: Father Lemelson’s Decade-Long Battle

Unwritten Law ·

2025/09/12

When Father Emmanuel Lemelson criticized a pharmaceutical company, the SEC came after him. Ten years later, the fight continues — with questions of jury trials, due process, and agency bias at the center. Mark Chenoweth, John Vecchione, and Russ Ryan unpack the case.

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17:49

You’re Fired: Presidential Removal Power on Trial

Unwritten Law ·

2025/09/09

The D.C. Circuit’s Slaughter v. Trump decision spotlights a constitutional clash: Can the president remove FTC commissioners, Federal Reserve governors, and other “independent” officers at will? Mark Chenoweth and John Vecchione unpack Judge Naomi Rao’s forceful dissent, the future of Humphrey’s Executor v. United States, and why the Supreme Court may soon have to decide the limits of presidential removal power.

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23:42

Federal Circuit Pushes Back on Presidential Power

Unwritten Law ·

2025/09/05

A recent Federal Circuit ruling has thrown the administration’s sweeping tariff program into doubt, raising major questions about presidential emergency powers, trade policy, and the limits of executive authority. John Vecchione and Mark Chenoweth break down the case, the court’s split opinion, and what’s next as the fight heads to the Supreme Court.

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17:02

NIH v. American Public Health Association—Can a...

Unwritten Law ·

2025/09/02

In this episode ofUnwritten Law, hostsMark ChenowethandJohn Vecchioneunpack the Supreme Court’s split, middle-of-August orders inNIH v. American Public Health Association: five justices allowed the administration to cancel roughly$800 millionin NIH research grants, while a different five blocked forward-looking guidance. They break down the dueling lineups,Gorsuch and Kavanaugh’swarning to lower courts to follow controlling precedent, and why the proper remedy for canceled grants may lie in theCourt

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21:29

Who Can Appoint a U.S. Attorney? Vacancies Act,...

Unwritten Law ·

2025/08/29

In this episode ofUnwritten Law, hostsMark ChenowethandJohn Vecchioneunpack a 77-page district-court opinion from New Jersey that halted prosecutions because the U.S. Attorney was improperly installed under the Federal Vacancies Reform Act.They walk through the 120-day interim limit, the “PASofficer” and90-dayservice requirements, and the debate over whether a U.S. Attorney is aprincipalorinferiorofficer under theAppointments Clause—including the thorny question of courts appointing executive

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13:24

Rule 28(j) or Political Theater? DOJ’s Tariff Letter...

Unwritten Law ·

2025/08/26

In this episode ofUnwritten Law, hostsMark ChenowethandJohn Vecchionedissect DOJ’s unusualRule 28(j)filing in the Federal Circuit tariff appeal,V.O.S. Selections, Inc. v. Trump. They explain what 28(j) is actually for (post-argumentnew legal authority), why citing news reports and seeking a broadstaymisses the mark, and how usingIEEPAas a tariff statute raises seriousconstitutional concerns. The discussion walks through stay standards (likelihood of success,irreparable harm, public interest), the

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22:07

NY State Supreme Court Scraps Illegal Fine Against Trump

Unwritten Law ·

2025/08/22

In this episode ofUnwritten Law, hostsMark ChenowethandJohn Vecchionesit down withNCLA's Greg Dolinto unpack the New York Appellate Division’s 323-page ruling in the civil fraud case against Donald Trump. They break down why calling a half-billion-dollar penalty “disgorgement” doesn’t fly withoutill-gotten gains, how theEighth Amendment’s Excessive Fines Clausecomes into play, and why the Attorney General’s theory stretches New York fraud beyond traditionalrelianceandharm. The discussion also covers

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19:26

Stewart v. Walz: When a Professor’s Speech Becomes...

Unwritten Law ·

2025/08/14

In this episode ofUnwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA Litigation Counsel Jenin Younes to unpack her recent oral argument inStewart v. Walz.The case challenges a Minnesota college’s decision to fire a professor who refused to comply with COVID-19 mandates—and openly explained his objections to students.The conversation explores how pandemic-era policies collided with the First Amendment, why the district court dismissed the case, and what the outcome could mean

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14:15

Nondelegation on Ice: EPA’s Refrigerant Rule and the...

Unwritten Law ·

2025/08/12

In this episode ofUnwritten Law, NCLA’s General Counsel Zhonette Brown joins Mark Chenoweth and John Vecchione to unpack the DC Circuit’s ruling inChoice Refrigerants v. EPA.Congress gave EPA free rein to design a cap-and-trade scheme for hydrofluorocarbons—without clear limits. The court sidestepped the constitutional nondelegation problem by reinterpreting the statute to match past laws, even though EPA didn’t follow that approach.We explore why this “constitutional avoidance” tactic raises

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11:28

CAT’s Out of Cash: SEC’s Surveillance Scheme Suffers...

Unwritten Law ·

2025/08/07

In this episode ofUnwritten Law, Mark Chenoweth and John Vecchione unpack a major federal court ruling that struck down the SEC’s funding mechanism for its mass surveillance program—known as the Consolidated Audit Trail (CAT).The 11th Circuit agreed with the American Securities Association and Citadel that the SEC's attempt to impose multi-billion-dollar fees on broker-dealers was arbitrary, capricious, and totally untethered from Congressional authorization.Mark and John break down how this massive

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20:00

Tariffs on Trial—Inside the Federal Circuit’s...

Unwritten Law ·

2025/08/05

In this episode ofUnwritten Law, Mark Chenoweth and John Vecchione break down the high-stakes en banc oral argument inVoss v. United States, a pivotal challenge to presidential tariff authority under the International Emergency Economic Powers Act (IEEPA). John attended the packed Federal Circuit courtroom and brings listeners an insider account of the arguments, judicial skepticism, and the government’s struggle to defend sweeping tariff powers.The discussion dives into the legacy of

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11:37

Who’s Holding the Autopen? Pardons, Accountability,...

Unwritten Law ·

2025/07/31

In this episode ofUnwritten Law, Mark Chenoweth and John Vecchione dissect an overlooked constitutional controversy: presidential pardons signed by an autopen. Inspired by a recent op-ed from NCLA’s founder Philip Hamburger, they question what happens when bureaucrats—or interns—wield the power of the pen. Can the president legally delegate the pardon power? Did anyone actually authorize the latest batch of pardons? And what does the Constitution say about it?Mark and John explore how the Biden

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25:33

Trump v. Boyle: Executive Power, Agency Chaos, and...

Unwritten Law ·

2025/07/29

In this episode ofUnwritten Law, Mark and John dive into the Supreme Court’s emergency order inTrump v. Boyle, a little-noticed but potentially seismic moment in administrative law.What happens when the President fires commissioners from an “independent” agency—and lower courts try to put them back in power? The hosts unpack the chaos at the Consumer Product Safety Commission, the unresolved fate ofHumphrey’s Executor, and the broader implications for executive authority, judicial remedies, and

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22:33

Jury Trials vs. Administrative Power—Did the Third...

Unwritten Law ·

2025/07/24

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione break down the recent Third Circuit decision inAxalta Coating Systems v. Federal Aviation Administration.The case tests how lower courts apply the Supreme Court’s landmarkJarkesyruling, which emphasized the importance of jury trials and Article III courts for administrative adjudications. Mark and John explore why the panel sided with agency adjudication despite the Supreme Court’s warnings, discuss Judge Bibas’s powerful

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16:27

Criminalizing Insider Trading—Did Courts Just Give...

Unwritten Law ·

2025/07/22

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth, John Vecchione, and Kara Rollins analyze the troubling decision inU.S. v. Sacanell, an insider-trading case that tests the Supreme Court’s landmark decision overturning Chevron deference.They explore how the SEC created expansive insider-trading rules without explicit congressional authorization—rules that are now putting defendants at risk of criminal penalties. The team examines the district court’s reliance on prior Chevron-era precedent,

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23:22

Relentless Post-Chevron—Is the Administrative State...

Unwritten Law ·

2025/07/17

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth, John Vecchione, and Kara Rollins are joined by Professor Eric Bolinder (Liberty University), former counsel in the landmarkLoper Brightcase.They analyze the disappointing outcome in the closely watchedRelentlesscase, where fishermen still face mandatory fees for onboard government observers—even after Chevron deference was overturned.Professor Bolinder explains why the court’s decision ignored critical textual arguments, conflated statutory

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15:32

Kennedy v. Braidwood—Did the Supreme Court Just...

Unwritten Law ·

2025/07/15

In this episode ofUnwritten Law, guest host Andy Morris, NCLA Senior Litigation Counsel, is joined by constitutional law expert Josh Blackman to unpack the Supreme Court’s recent ruling in Kennedy v. Braidwood Management. The case challenged the appointments process of the HHS’s U.S. Preventive Services Task Force—a panel deciding which preventive healthcare services insurers must provide without cost. Josh explains why the ruling, which upheld these appointments, raises critical concerns about

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15:51

FCC vs. Consumers' Research—Did the Supreme Court...

Unwritten Law ·

2025/07/10

In this episode ofUnwritten Law, NCLA's John Vecchione and Zhonette Brown break down the recent Supreme Court decision inFCC v. Consumers' Research, a crucial non-delegation doctrine case.Zhonette explains the controversial ruling that allows the Federal Communications Commission (FCC) to set fees—arguably taxes—without explicit congressional limits. They discuss the implications of the Court’s continued adherence to the "intelligible principle" test, the unresolved confusion between fees and taxes,

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19:35

Chaos at CPSC—Trump, Humphrey’s Executor, and the...

Unwritten Law ·

2025/07/08

In this compelling episode ofUnwritten Law, NCLA’s John Vecchione is joined by litigation counsel Kara Rollins to discuss the unprecedented turmoil at the Consumer Product Safety Commission (CPSC). Following President Trump’s firing of three Democratic commissioners, a dramatic court battle erupted, spotlighting the controversial Humphrey’s Executor precedent and sparking an existential debate about the independence and accountability of federal agencies. Kara and John delve into the explosive

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14:23

FBI Wrong-House Raid—Supreme Court Checks Federal...

Unwritten Law ·

2025/07/01

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by litigation counsel Casey Norman to discuss the Supreme Court ruling inMartin v. United States. The case arose from a terrifying FBI wrong-house raid that left an innocent family traumatized and with few options for redress. Casey explains how the Court clarified the scope of the Federal Tort Claims Act (FTCA), rejecting the Eleventh Circuit’s expansive interpretation of federal immunity. They discuss how this

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