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PODCAST

Unwritten Law

New Civil Liberties Alliance

Unwritten Law is a podcast hosted by Mark Chenoweth and John Vecchione, brought to you by the New Civil Liberties Alliance (NCLA). This show dives deep into the world of unlawful administrative power, exposing how bureaucrats operate outside the bounds of written law through informal guidance, regulatory “dark matter,” and unconstitutional agency overreach.

government politics

All Episodes

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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14:04

Who Watches the Watchdogs? The Unchecked Power of CIGIE

Unwritten Law ·

2025/03/20

In this episode ofUnwritten Law, hosts Mark Chenoweth and John Vecchione unpack John’s recentWall Street Journal op-ed calling for the abolition of CIGIE—the Council of the Inspectors General on Integrity and Efficiency.This obscure-sounding bureaucracy wields outsized power, launching secretive investigations that can derail careers with zero presidential oversight or Senate confirmation. The kicker? Even the President can’t rein them in. Mark and John explain why CIGIE violates the Constitution’s

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18:50

Can the President Fire Who He Wants? The Fight Over...

Unwritten Law ·

2025/03/18

Who really controls the executive branch? In this episode ofUnwritten Law, hosts Mark Chenoweth and John Vecchione break down a high-stakes legal battle over presidential power—Trump’s firing of Hampton Dellinger as head of the Office of Special Counsel.The case sparked a fierce debate over whether the president can remove executive officials at will or if statutory “for-cause” protections limit his authority. The team unpacks Judge Amy Berman Jackson’s controversial injunction, the D.C. Circuit’s

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18:57

Vaccine Mandates, the Ninth Circuit, and the Battle...

Unwritten Law ·

2025/03/13

Are vaccine mandates constitutional? In this episode ofUnwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Jenin Younes to discussHealth Freedom Defense Fund v. Carvalho, a critical case before the Ninth Circuit challenging Los Angeles Unified School District’s COVID-19 vaccine mandate.The lawsuit questions whether government agencies can force employees to take a non-sterilizing vaccine—one that does not stop transmission—under the long-misinterpretedJacobson v

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23:00

Crypto, the IRS, and the Fight for Financial Privacy

Unwritten Law ·

2025/03/11

Does the IRS have the right to seize your financial records—without a warrant, without suspicion, and without you even knowing? In this episode ofUnwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Sheng Li to discussHarper v. IRS, a Supreme Court petition challenging the government’s warrantless search of cryptocurrency users’ financial records.Sheng explains how the IRS demanded Coinbase hand over customer data—without any evidence of wrongdoing—and why the case could

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12:30

From Cliffs to Courtrooms: Base Jumpers Take on the...

Unwritten Law ·

2025/03/06

Is it a crime to jump off a cliff in a national park? The National Park Service seems to think so. In this episode ofUnwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Casey Norman to discuss NCLA’s100thcase—a legal challenge to the Park Service’s unconstitutional ban on base jumping.The lawsuit exposes a bigger issue: how unelected bureaucrats create criminal laws without congressional approval. From vague regulations to arbitrary enforcement, this case isn’t just about

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62 results

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