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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

20:04

One Year After Chevron—How Loper Bright & Relentless...

Unwritten Law ·

2025/06/28

In this special anniversary episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione discuss the landmark Supreme Court ruling inLoper Bright & Relentless v. Department of Commerce, marking one year since Chevron deference was overturned. They examine how this pivotal decision reshaped judicial review, empowered textualism, and curbed administrative excess across multiple cases, from net neutrality to FDA overreach. John highlights the ongoing impacts of the ruling, including Congress’s

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12:30

Coinbase, IRS, and Your Privacy—Will the Supreme...

Unwritten Law ·

2025/06/26

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione discuss the latest developments inHarper v. IRS, a privacy case currently pending at the U.S. Supreme Court. At stake is the controversial “third-party doctrine,” a 1970s-era legal theory allowing agencies like the IRS to access your private financial data without a warrant, simply because it’s held by third parties—like Coinbase. John breaks down the troubling implications, explains why the doctrine no longer fits the digital

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17:13

Fax Machines, 60-Day Rules, and Why Administrative...

Unwritten Law ·

2025/06/24

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth sits down with Senior Litigation Counsel Peggy Little to unpack the Supreme Court’s decision inMcLaughlin Chiropractic Associates v. McKesson Corporation. Though the case began as a dispute over unwanted fax messages, the Court’s ruling has major implications for administrative law—particularly by striking down the restrictive "60-day rule" that previously blocked challenges to agency rules after an arbitrary, short deadline. Peggy explains why

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19:48

Silencing Scholarship—How Institutional Review Boards...

Unwritten Law ·

2025/06/19

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by NCLA’s Margot Cleveland to discuss a groundbreaking lawsuit against the University of Tennessee’s Institutional Review Board (IRB).The case centers on Idil Issak, a cultural anthropology PhD student barred from conducting dissertation research on domestic worker abuse in the UAE—research purely involving interviews and speech.Margot explains how IRBs, created to prevent unethical medical experiments, have morphed

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15:42

When Courts Say No—Alpine Securities, FINRA, and the...

Unwritten Law ·

2025/06/17

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by NCLA Senior Litigation Counsel Russ Ryan to discuss the Supreme Court’s surprising refusal to reviewAlpine Securities v. FINRA, a critical case challenging FINRA’s extensive, privately delegated enforcement powers. Russ breaks down why the decision matters, how FINRA’s unusual enforcement process undermines due process, and why the Supreme Court’s denial of certiorari leaves unresolved crucial constitutional

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14:24

Unanimous and Surprising—Supreme Court Cases You...

Unwritten Law ·

2025/06/12

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione analyze a remarkable set of unanimous Supreme Court rulings—authored by Justices Jackson, Kagan, and Sotomayor—in cases involving discrimination standards, gun manufacturer liability, and religious freedom. John explains why these once-controversial topics produced unanimous decisions and what this reveals about the lasting impact of the textualist-originalist judicial movement. Mark and John discuss the broader implications

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27:35

Tariffs vs. Small Business—Simplified’s Battle...

Unwritten Law ·

2025/05/30

In this special episode ofUnwritten Law, NCLA's Mark Chenoweth and John Vecchione are joined by Andy Morris, NCLA Senior Litigation Counsel, and Emily Ley, founder and CEO of Simplified—the small business challenging the Biden administration’s sudden and shifting tariff policies. Emily shares how abrupt, emergency-based tariffs imposed under the International Emergency Economic Powers Act (IEEPA) have harmed her business, creating massive uncertainty and escalating costs overnight.Andy explains why

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14:04

Fired Up—Can the President Slash the Federal Workforce?

Unwritten Law ·

2025/05/27

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione dive into a dramatic legal battle over the president's power to reduce the federal workforce. A federal district judge recently blocked President Trump’s sweeping Reduction in Force (RIF), claiming it undermines Congress’s intent for certain agencies to function properly. Solicitor General John Sauer has appealed to the Supreme Court to overturn this ruling. Mark and John explore the constitutional tensions, justiciability

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19:31

The Waiver Wars—Congress, California, and the Fight...

Unwritten Law ·

2025/05/23

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione explore a major development in Congress involving the Congressional Review Act (CRA).The Senate is preparing to vote on whether to overturn California’s EPA waiver, which allows the state to impose stricter vehicle emissions standards than the federal government. Mark and John break down why this obscure but powerful legislative tool matters, how California’s rules affect carmakers and consumers nationwide, and why this CRA

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30:22

Can One Judge Halt a Law? Inside the Supreme Court...

Unwritten Law ·

2025/05/15

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione unpack the recent Supreme Court oral argument in a high-stakes case involving nationwide injunctions—and a controversial executive order on birthright citizenship.John reports from inside the courtroom, where justices wrestled with the limits of judicial power, class actions, and whether a single district court can block federal policies across all 50 states. The conversation explores historical precedent, state standing,

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17:28

This Isn’t a Trade Court Case—It’s a Constitutional One

Unwritten Law ·

2025/05/13

In this episode ofUnwritten Law, NCLA’s John Vecchione and attorney Andy Morris break down the latest developments inSimplified v. United States, NCLA’s lawsuit challenging the tariffs imposed under the International Emergency Economic Powers Act (IEEPA).Andy explains why these so-called “Liberation Day” tariffs are constitutionally suspect, how the government is trying to shift the case to a specialized trade court, and why that move would avoid the core legal question: Can the president sidestep

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19:30

State Department Censorship—Daily Wire, Disinfo...

Unwritten Law ·

2025/05/06

In this episode ofUnwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by attorney Margot Cleveland to expose the State Department’s role in funding and promoting censorship technologies. They discuss NCLA’s caseThe Daily Wire v. State Department, including how federal dollars helped target and suppress domestic speech through outfits like NewsGuard and the now-defunct Global Engagement Center. The conversation unpacks bombshell revelations from Senator Marco Rubio—who disclosed that

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26:53

Who Judges the Judges? NCLA Defends Judge Pauline Newman

Unwritten Law ·

2025/05/02

In this episode ofUnwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione sit down with NCLA’s Greg Dolin to unpack his recent oral argument before the D.C. Circuit Court of Appeals inNewman v. Moore. At 97 years old, Judge Newman has been sidelined from the bench for over two years without impeachment or medical incapacity. NCLA argues that her removal from judicial duties violates both constitutional protections and due process. The conversation covers the limits

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13:54

COVID-19 Mandates and Constitutional Limits—The...

Unwritten Law ·

2025/04/29

In this episode ofUnwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA attorney Jenin Younes to discuss her latest case challenging Minnesota’s COVID-era vaccine mandate. The case,Stewart v. Walz, centers on a public college professor who was fired for refusing the vaccine and later punished for emailing his students about it. Jenin explains how the case challenges the misuse of emergency power, the misreading of the 1905Jacobsonprecedent, and

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24:57

Declared Emergency, Hidden Tax: The Case Against...

Unwritten Law ·

2025/04/25

In this episode ofUnwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by attorney Andy Morris to discuss NCLA’s latest lawsuit:Simplified v. Trump. The case challenges tariffs on China imposed under a dubious “national emergency” declaration.Can a president sidestep Congress and unilaterally raise tariffs? Andy explains why these tariffs are more than economic policy—they’re a constitutional violation of Congress’s exclusive power over taxation.Tune

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22:08

Trump’s Tariffs, Emergency Powers, and the Lawsuit No...

Unwritten Law ·

2025/04/10

Is it legal for a president to impose tariffs under emergency powers? In this episode ofUnwritten Law, Mark Chenoweth and John Vecchione break down NCLA’s latest lawsuit—Simplified v. Trump—challenging new tariffs imposed without congressional approval.Filed on behalf of small business owner Emily Ley, this is thefirst and onlycase taking on President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs on goods from China. The statute lets presidents

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16:23

Monarch Madness—Inside NCLA’s 2025 King George III Prize

Unwritten Law ·

2025/04/03

In this special episode ofUnwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA’s Director of Engagement, Karen Harned, for a behind-the-scenes look at the 2025 King George III Prize. They reveal the “Egregious Eight” still in the running for the prize no one wants to win—awarded annually to the worst violator of Americans’ civil liberties in the administrative state. From Richard Cordray’s student loan fiascos to Jennifer Easterly’s censorship

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18:16

Injunctions Everywhere—How Courts Are Handling...

Unwritten Law ·

2025/04/01

In this episode ofUnwritten Law, NCLA President Mark Chenoweth sits down with Margot Cleveland, Of Counsel at NCLA and Senior Legal Correspondent for The Federalist, to unpack the wave of injunctions stemming from legal challenges to President Trump’s executive orders. Why are federal judges suddenly handing out preliminary injunctions in cases where similar claims struggled to gain traction during prior administrations? From questionable reinstatement orders to shifting standing rules, Mark and

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22:49

Taxation Without Legislation? The FCC’s $10 Billion...

Unwritten Law ·

2025/03/27

Can a federal agency raise billions in fees without Congress ever approving the tax? In this episode ofUnwritten Law, host Mark Chenoweth is joined by NCLA’s General Counsel Zhonette Brown to unpackConsumers’ Research v. FCC, a Supreme Court case challenging the constitutionality of the FCC’s Universal Service Fund.What began as a program to help rural and low-income Americans access phone service has morphed into a $10 billion-a-year operation—largely run by a private entity (USAC) the FCC created

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24:58

Injunctions, Mootness, and the Legal Tricks That Shut...

Unwritten Law ·

2025/03/25

Can you really “win” a lawsuit if the court never rules on your case? In this episode ofUnwritten Law, Mark Chenoweth and John Vecchione break down two recent developments that make it even harder to hold the government accountable in court.First, they tackle the Supreme Court’s decision inLackey v. Stinnie, which denied attorney’s fees to plaintiffs who clearly forced a change in state policy—simply because the government mooted the case before final judgment. Then, they unpack President Trump’s

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147 results

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