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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

22:01

Can the Government Escape Accountability for Censorship?

Unwritten Law ·

2026/07/22

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Casey Norman to discuss NCLA's appeal in Dressen v. Flaherty, a case challenging alleged government-induced censorship during the COVID-19 pandemic.The plaintiffs include individuals who say they were censored after sharing their personal experiences with COVID-19 vaccine injuries or questioning official public health narratives. Casey

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13:04

Can Agency Commentary Increase Your Prison Sentence?

Unwritten Law ·

2026/07/21

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Casey Norman to discuss Beaird v. United States, a Supreme Court case that could reshape federal criminal sentencing.At issue is Stinson deference, a doctrine requiring courts to defer to the U.S. Sentencing Commission’s commentary interpreting the federal sentencing guidelines. Unlike the guidelines themselves, that commentary is never

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16:12

SCOTUS Special (Part 4): Title IX Means Sex

Unwritten Law ·

2026/07/14

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are again joined by NCLA Staff Attorney Andreia Trifoi to discuss the Supreme Court’s opinion in West Virginia v. B.P.J.The Court held that neither Title IX nor the Equal Protection Clause prevents states from organizing school sports teams based on biological sex. Andreia explains why the Court looked to the ordinary meaning of “sex” when Title IX was enacted in 1972

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19:49

SCOTUS Special (Part 3): A Major Win for Digital Privacy

Unwritten Law ·

2026/07/14

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA Staff Attorney Andreia Trifoi to discuss the Supreme Court's landmark Fourth Amendment decision in Chatrie v. United States.The Court held that the government's collection of cell phone location history through a geofence warrant constitutes a Fourth Amendment search—a significant victory for digital privacy and one of the Court's most important

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29:52

SCOTUS Special (Part 2): The Federal Reserve Exception?

Unwritten Law ·

2026/07/10

Part 2 of our Supreme Court Special.In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA Senior Litigation Counsel Jacob Huebert to examine the Supreme Court's decision in Trump v. Cook and what it means for the Federal Reserve and presidential removal power.Although the Court's decision in Trump v. Slaughter significantly expanded the President's authority to remove executive officers, Trump v. Cook

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26:40

SCOTUS Summer Series (Part 1): The End of Humphrey's...

Unwritten Law ·

2026/07/10

In this special Supreme Court edition of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA Of Counsel Margot Cleveland to discuss the Supreme Court's landmark decision in Trump v. Slaughter.The Court's decision effectively ends Humphrey's Executor, the 1935 precedent that limited the President's authority to remove leaders of independent agencies such as the Federal Trade Commission. Margot, who authored NCLA's amicus

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14:36

Justice Thomas's Warning to Federal Agencies

Unwritten Law ·

2026/07/02

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by Staff Counsel Christian Clase to discuss a remarkable concurrence by Justice Clarence Thomas in a recent Supreme Court case involving Roundup, pesticide regulation, and federal preemption.Although the Court's decision focused on whether federal law preempts state-law failure-to-warn claims, Justice Thomas used his concurrence to highlight a much broader set of constitutional concerns. His opinion raises

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14:19

SCOTUS Rejects Hawaii's Gun Rights Workaround

Unwritten Law ·

2026/07/01

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by Litigation Counsel Jacob Huebert to discuss the Supreme Court's decision in Wolford v. Lopez, a significant Second Amendment case arising from Hawaii.After the Supreme Court's landmark decision in Bruen, Hawaii enacted a law making it a crime to carry a firearm on private property open to the public unless the property owner expressly consented. The Supreme Court recently rejected that approach, concluding

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19:51

The SEC Case That Could Expand Jury Trial Rights

Unwritten Law ·

2026/06/23

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by Senior Litigation Counsel Russ Ryan to discuss Smith v. SEC, a case raising fundamental questions about jury trial rights, administrative adjudication, and constitutional exhaustion requirements.The case began more than a decade ago when FINRA initiated an investigation into George Smith. After years of proceedings before FINRA and the SEC, Smith challenged the process itself, arguing that he was entitled to

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17:03

Why Is the SEC Tracking Every Stock Trade?

Unwritten Law ·

2026/06/19

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by Senior Litigation Counsel Peggy Little to discuss the SEC's Consolidated Audit Trail (CAT)—a massive government database that collects information on virtually every securities transaction made by American investors.The conversation centers on a new SEC request for public comments on the future of the CAT system, including the possibility of eliminating it altogether. Peggy explains why NCLA has long

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23:15

The Fight Over Who Decides Constitutional Claims

Unwritten Law ·

2026/06/18

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Counsel Alana Black to discuss NCLA's amicus brief in Johnson v. United States Congress, a case asking whether constitutional challenges to federal statutes must be heard by Article III courts.The case involves a disabled veteran challenging a federal law affecting veterans benefits. Rather than allowing his constitutional claims to

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21:47

Did the SEC Repeal Its Gag Rule to Avoid SCOTUS?

Unwritten Law ·

2026/06/17

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth, Senior Litigation Counsel John Vecchione, and Senior Litigation Counsel Peggy Little discuss NCLA's reply brief in Powell v. SEC, the case challenging the SEC's decades-old gag rule.Although the SEC recently rescinded the rule that prohibited settling defendants from publicly denying the agency's allegations, Peggy explains why the case is far from over. Thousands of existing gag orders remain in place, courts

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18:44

Can Congress Let EPA Pick Winners and Losers?

Unwritten Law ·

2026/06/14

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth, Senior Litigation Counsel John Vecchione, and General Counsel Zhonette Brown discuss NCLA's recently filed reply brief in Choice Refrigerants v. EPA, a case asking the U.S. Supreme Court to revisit the nondelegation doctrine.The conversation focuses on a fundamental constitutional question: Can Congress hand an agency virtually unlimited discretion to decide which companies receive valuable market

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18:23

A Tale of Two Judicial Discipline Cases

Unwritten Law ·

2026/06/03

Why did one federal judge receive only a reprimand after engaging in sexual activities in her chambers, while Federal Judge Pauline Newman remains sidelined after more than three years — with no judicial review of her suspension, despite no findings of misconduct and passing 3 mental fitness tests from 3 different doctors?In this episode of Unwritten Law, Mark Chenoweth and John Vecchione discuss a recent judicial misconduct case that has prompted new scrutiny of the federal judiciary's internal

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17:29

The Licensing Board That Ignored Due Process

Unwritten Law ·

2026/06/02

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Casey Norman to discuss Kurtin v. South Carolina Department of Labor, a case challenging an extraordinary series of procedural abuses by a state licensing board.NCLA is challenging the South Carolina Real Estate Board’s unlawful sanctions against certified residential appraiser Joseph Kirton.Casey explains how the board pursued charges

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31:31

The SEC Repealed the Gag Rule. While It's a Victory...

Unwritten Law ·

2026/06/01

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth, Senior Litigation Counsel John Vecchione, and Senior Litigation Counsel Peggy Little discuss a major development in Powell v. SEC: the SEC has formally rescinded its decades-old gag rule.The rule prohibited settling defendants from publicly denying the SEC's allegations against them, often leaving individuals silenced for years—or even decades—after their cases ended. The repeal marks a significant victory for

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17:09

Can Illinois Require Permission to Touch a Gun?

Unwritten Law ·

2026/05/28

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Jacob Huebert to discuss a newly filed federal lawsuit challenging Illinois’ Firearm Owner’s Identification (FOID) card system.The case, Laurent v. Kelly, argues that Illinois unconstitutionally requires residents to obtain government permission before they may possess, use, or even touch a firearm in their own homes. NCLA contends that

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13:41

Loper Bright Keeps Reshaping Agency Power

Unwritten Law ·

2026/05/22

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione discuss developments in the Supreme Court’s landmark Loper Bright and Relentless (2024) decisions overturning Chevron deference.Mark and John explain the unusual procedural developments following the Supreme Court’s decision, including remand proceedings in the First Circuit, negotiations over holding the case in abeyance, and why the federal government may now be

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35:19

Can EPA Decide Who Stays in Business?

Unwritten Law ·

2026/05/15

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA General Counsel Zhonette Brown to discuss the federal government’s response brief in Choice Refrigerants v. EPA, a case asking the U.S. Supreme Court to revisit the nondelegation doctrine.The discussion focuses on whether Congress unconstitutionally handed the EPA broad authority to determine how shrinking refrigerant allowances are allocated under

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15:21

How Loper Bright Is Changing the Courts

Unwritten Law ·

2026/05/13

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione discuss the growing real-world impact of the Supreme Court’s landmark decisions in Loper Bright and Relentless—the cases that ended Chevron deference and restored the judiciary’s independent role in interpreting federal statutes.As the two-year anniversary of the decisions approaches, Mark and John examine several major lower-court rulings already shaped by the new

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