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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

21:38

Federal Judges Cannot Shield U.S. Attorneys from...

Unwritten Law ·

2026/10/19

Can the president fire a federal prosecutor appointed by judges?That's the constitutional question at the center of Trump v. Rogoff, a dispute now before the U.S. Court of Appeals for the Ninth Circuit.After federal judges appointed Roger Rogoff as U.S. Attorney for the Western District of Washington, President Trump fired him less than an hour later. Rogoff sued, arguing that the president lacked the authority to remove a court-appointed prosecutor. A district court granted a preliminary injunction

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24:15

Can the SEC Block Your Right to a Jury Trial?

Unwritten Law ·

2026/10/16

Can the government deny you a jury trial—and then refuse to let you challenge that denial in federal court?NCLA is asking the Supreme Court to hear Smith v. SEC, a case challenging the constitutional limits of administrative adjudication and the procedural barriers that can prevent Americans from asserting their rights.On 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 Russ Ryan

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16:49

Jack Smith, Secret Subpoenas, and Senator Blackburn's...

Unwritten Law ·

2026/10/14

What happens when a federal investigator secretly obtains a U.S. senator's phone records—and prevents her from challenging the search?NCLA has filed a lawsuit on behalf of Senator Marsha Blackburn against former Special Counsel Jack Smith, challenging his acquisition of her telephone records during the Arctic Frost investigation.On this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by NCLA attorney Caitlin Moyna to discuss the lawsuit, the constitutional

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08:34

Judge Newman's Fight Takes a Major Turn After 3 Years

Unwritten Law ·

2026/10/13

After more than three years, Judge Pauline Newman's judicial conduct and disability proceeding has been transferred out of the Federal Circuit.It's a significant and unprecedented development in a case that NCLA has been fighting since 2023.On this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione and Andy Morris discuss the newly disclosed order from Eleventh Circuit Chief Judge William Pryor confirming that Judge Newman's proceeding has been transferred to the Eleventh

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24:22

CPSC Called a Baby Product Unsafe. Where Was the...

Unwritten Law ·

2026/10/06

What happens when a federal agency publicly declares a product unsafe—but can't adequately explain the evidence behind that declaration?NCLA has secured an important ruling for Dreamland Baby Company in its challenge to the Consumer Product Safety Commission.On this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth is joined by Senior Litigation Counsel Kara McKenna Rollins to discuss the latest decision in Dreamland Baby Company v. Consumer Product Safety

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29:17

A New Supreme Court Ruling Could Spell Trouble for...

Unwritten Law ·

2026/09/30

The SEC's Consolidated Audit Trail collects information on virtually every stock-market transaction in the United States, creating an enormous database that regulators can search for suspicious activity without first identifying a particular person or crime.NCLA has long argued that this mass collection and searching of Americans' financial information violates the Fourth Amendment. Now, a new Supreme Court decision could strengthen that challenge.On this episode of Unwritten Law, NCLA President and

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21:57

A Win for the Right to Self-Defense at a Maryland...

Unwritten Law ·

2026/09/29

NCLA has won an important preliminary victory for members of the Silver Spring Jewish Center who want to protect their congregation.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 Jacob Huebert to discuss the latest development in Silver Spring Jewish Center v. Montgomery County.Montgomery County banned firearms at places of public assembly, including houses of worship, as

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18:10

Who Can Challenge the White House Ballroom?

Unwritten Law ·

2026/09/20

The Supreme Court has allowed construction of the new White House ballroom to continue—but the Court's 5–4 decision turned largely on a threshold question: Who actually has standing to challenge it?On this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by NCLA Staff Attorney Andreia Trifoi to break down National Park Service v. National Trust for Historic Preservation in the United States.The National Trust sued over the demolition and replacement of the White

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33:32

NCLA Asks SCOTUS to Rein In the SEC

Unwritten Law ·

2026/09/15

Can the SEC force someone to give up money when it cannot identify a single harmed investor?NCLA is asking the Supreme Court to take Spartan Securities Group v. SEC, a case that has been winding through the courts for years and now presents two significant questions about the reach of federal securities law.NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Counsel Kara McKenna Rollins, who has worked on the case since

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19:46

60 Years Without Congressional Authorization

Unwritten Law ·

2026/09/03

For roughly 60 years, the Department of Labor’s Office of Federal Contract Compliance Programs enforced a sweeping regulatory regime governing federal contractors—one rooted largely in presidential executive orders rather than laws passed by Congress.Now, the Department of Labor has acknowledged that much of that regime lacked statutory authority.In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior

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16:12

Why Is Washington Tracking Crabbers 24/7?

Unwritten Law ·

2026/09/02

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by NCLA General Counsel Zhonette Brown to discuss Franey v. Washington Department of Fish and Wildlife, NCLA’s challenge to Washington State’s warrantless surveillance of commercial crabbers.Washington requires commercial crabbers to install government-mandated tracking equipment on their boats. Once crab pots are placed in the water, the government tracks the vessel continuously—every minute—even when the

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17:36

When Regulatory Shortcuts Become the Rule

Unwritten Law ·

2026/08/26

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione discuss the D.C. Circuit’s recent decision in Heroes Technology v. Consumer Product Safety Commission.NCLA challenged a CPSC safety rule affecting infant support cushions. Congress created a streamlined rulemaking process for a limited category of “durable infant or toddler products,” including products such as cribs, playpens, and high chairs. But CPSC used that

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26:52

Should Federal Judges Get to Pick Federal Prosecutors?

Unwritten Law ·

2026/08/25

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 Jacob Huebert to discuss NCLA’s amicus brief in Rogoff v. Trump, a case raising an unusual separation-of-powers question: Should federal judges be allowed to appoint the U.S. attorneys who prosecute cases in their own courts?Federal law allows a district court to appoint a U.S. attorney when a temporary appointment expires

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17:45

BASE Jumping, Bureaucrats, and Criminal Law

Unwritten Law ·

2026/08/17

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by Litigation Counsel Casey Norman to discuss NCLA’s appeal in BASE Access v. National Park Service, now before the U.S. Court of Appeals for the Fifth Circuit.For decades, the National Park Service has treated BASE jumping as a federal crime in national parks. But Congress never passed a law specifically criminalizing BASE jumping. Instead, the Park Service relies on a 1965 regulation prohibiting the

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15:33

Education Is Speech: NCLA's Groundbreaking Case for...

Unwritten Law ·

2026/08/14

In this episode of Unwritten Law, NCLA Senior Litigation Counsel John Vecchione is joined by NCLA General Counsel Zhonette Brown to discuss Jacobsen v. Spellerberg, NCLA's newly filed lawsuit advancing a groundbreaking First Amendment argument: education is speech, and parents have a constitutional right to choose the educational speech provided to their children.Nebraska requires parents to educate their children while directing substantial public funding exclusively toward the state's

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27:30

“Make Congress Great Again”? The Problem Isn’t the...

Unwritten Law ·

2026/08/13

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione take on a provocative argument from The New Republic: Is the Supreme Court weakening Congress and creating a more powerful presidency?Mark and John give author Matt Ford credit for a thoughtful and well-researched article—but think he draws the wrong conclusion from much of the evidence.They examine major Supreme Court decisions including Loper Bright/Relentless, SEC

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23:00

Can a Federal Agency Be Your Prosecutor and Judge?

Unwritten Law ·

2026/08/12

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 Russ Ryan to discuss Department of Labor v. Sun Valley Orchards, an important case headed to the Supreme Court.Sun Valley Orchards is a family farm that employs domestic workers as well as foreign workers through the H-2A visa program. After the Department of Labor accused the farm of violating requirements governing its workers,

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29:47

Can the Government Force You to Join a Private...

Unwritten Law ·

2026/08/01

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 Andy Morris to discuss National Association of Wholesaler-Distributors v. Ryan, NCLA's newly filed challenge to Colorado's Producer Responsibility Program for recycling.The lawsuit isn't about opposing recycling. Instead, it challenges Colorado's decision to replace local recycling systems with a statewide program administered by

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18:49

Can Government Disarm a Synagogue?

Unwritten Law ·

2026/07/31

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 Jacob Huebert to discuss NCLA's newly filed lawsuit challenging Montgomery County, Maryland's ban on firearms in places of worship and within 100 yards of numerous public gathering places.The case, Silver Spring Jewish Center v. Montgomery County, was filed just days after the ordinance took effect. NCLA argues that the law

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20:06

Should SCOTUS Revisit Its 120-Year-Old Vaccine...

Unwritten Law ·

2026/07/29

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione discuss NCLA's Supreme Court amicus brief in Boysen v. PeaceHealth, a case asking the Court to revisit Jacobson v. Massachusetts, its landmark 1905 vaccine mandate decision.The conversation examines how Jacobson—which upheld a smallpox vaccination requirement more than a century ago—was relied upon by courts throughout the COVID-19 pandemic to uphold modern vaccine

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