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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

32:18

Inside the Supreme Court: Trump’s Tariff Case and the...

Unwritten Law ·

2025/11/06

Fresh from the Supreme Court, Mark Chenoweth, John Vecchione, and Andy Morris break down oral arguments in the Trump tariffs case — a landmark challenge over whether the president can impose tariffs under the International Emergency Economic Powers Act (IEEPA).John and Andy share what they saw in the courtroom, how the justices responded, and why this case could redefine the limits of executive authority. From Justice Kagan’s sharp textual questions to Justice Kavanaugh’s deference to presidential

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20:31

Can the President Fire Lisa Cook? Trump v. Cook and...

Unwritten Law ·

2025/11/05

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione welcome NCLA’s new Senior Litigation Counsel, Jacob Huebert, to unpack Trump v. Cook — a landmark Supreme Court case testing whether the president can fire a Federal Reserve governor at will. They dive into the constitutional roots of Article II, what it means for presidential authority, and why the Fed’s independence might not be as untouchable as some believe.

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29:43

Trump, the FTC, and the Fight Against the Headless...

Unwritten Law ·

2025/10/31

The Supreme Court is set to hear Trump v. Slaughter, a landmark case that could finally overturn Humphrey’s Executor—the 1935 decision that created “independent” federal agencies beyond presidential control. Mark Chenoweth and John Vecchione are joined by NCLA’s Margot Cleveland, principal author of NCLA's amicus brief, to explain why this case could restore accountability to the executive branch and rein in the modern administrative state. From the origins of the FTC to the constitutional power of

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25:34

Tariffs on Trial: The Supreme Court Weighs...

Unwritten Law ·

2025/10/28

Mark Chenoweth and John Vecchione are joined by NCLA’s Andy Morris to discuss one of the most consequential Supreme Court cases of the term — whether the president can impose tariffs under the International Emergency Economic Powers Act (IEEPA). They unpack the history of emergency powers, Congress’s exclusive authority to levy taxes, and how past presidents have tested these limits.From Roosevelt’s bank closures to Trump’s trade wars, this episode explores why the Constitution clearly puts tariff

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16:13

The Mount Rushmore of Originalism — Heritage Guide...

Unwritten Law ·

2025/10/21

In part two of Unwritten Law’s conversation with John Malcolm and Professor Josh Blackman, hosts Mark Chenoweth and John Vecchione explore the deeper substance of The Heritage Guide to the Constitution, Third Edition. The group discusses Justice Samuel Alito’s foreword, the “Mount Rushmore of Originalism,” and the evolution of constitutional thought from the Founding era to today. From the confrontation clause to the 27th Amendment, the conversation highlights surprising insights and little-known

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22:04

Inside The Heritage Guide to the Constitution: How...

Unwritten Law ·

2025/10/17

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione sit down with John Malcolm and Professor Josh Blackman to discuss The Heritage Guide to the Constitution, Third Edition—a monumental, fully revised collection of essays from more than 150 scholars and judges. Discover how this project reshapes the study of originalism, why it matters to lawyers, students, and citizens, and how it continues the legacy of Ed Meese and Justice Alito in advancing constitutional understanding.

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16:01

Title IX and Women’s Sports: The Supreme Court Takes...

Unwritten Law ·

2025/10/14

Staff attorney Andreia Trifoi joins Mark Chenoweth and John Vecchione to discuss West Virginia v. B.P.J., one of the Supreme Court’s most consequential upcoming cases on women’s sports and Title IX. The case challenges whether states can restrict participation in female sports to biological women—and whether courts can reinterpret “sex” in Title IX to include gender identity.Andreia explains NCLA’s amicus brief, which argues that the Fourth Circuit’s reading of Title IX violates the Constitution’s

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19:41

The Roberts Court Turns 20: Triumphs, Trials, and...

Unwritten Law ·

2025/10/10

Mark Chenoweth and John Vecchione look back on two decades of the Roberts Court, reflecting on its most consequential rulings—from overturning Roe and Chevron to affirming the Second Amendment and colorblind constitutionalism. They discuss The Wall Street Journal’s recent editorial, “The Triumph of the Roberts Court,” and explore what Chief Justice John Roberts’ steady hand has meant for the Supreme Court’s direction and integrity.👉 Read the Wall Street Journal article here:

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18:47

Silenced by the SEC: Fighting Against the Gag Rule

Unwritten Law ·

2025/10/07

Mark Chenoweth and John Vecchione are joined by Peggy Little to discuss the latest challenge to the SEC’s unconstitutional gag rule. After years of litigation, Peggy and her clients are pressing the Ninth Circuit for a rehearing en banc, arguing that the rule violates free speech, exceeds the SEC’s authority, and has muzzled defendants and the press for over 50 years. Hear why this long-running battle could finally bring transparency and accountability to the agency’s settlement process.

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21:59

Judge Newman’s Fight: En Banc Petition and the...

Unwritten Law ·

2025/10/03

Mark Chenoweth and John Vecchione are joined by Andy Morris to discuss their en banc petition in Newman v. Moore. The case raises serious questions about judicial discipline, constitutional due process, and whether the decades-old McBride precedent wrongly shields judicial councils from review.

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19:21

Baby Loungers and Big Government

Unwritten Law ·

2025/09/30

Mark Chenoweth and John Vecchione welcome Kara Rollins to unpack her latest brief challenging the Consumer Product Safety Commission’s attempt to expand “durable infant products” regulations. They reveal how CPSC skipped statutory safeguards, stretched definitions, and ignored key data in its rush to regulate popular baby loungers—and why this case could rein in agency overreach.

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15:13

SEC Backs Down: Father Lemelson’s Decade-Long Fight...

Unwritten Law ·

2025/09/26

Mark Chenoweth and John Vecchione are joined by NCLA Senior Litigation CounselRuss Ryan to celebrate a major win for Father Emmanuel Lemelson. After more than ten years of litigation, the SEC has finally dismissed its follow-on proceeding—an extraordinary retreat that underscores the constitutional problems with agency-run tribunals. Hear how the case unfolded, why the Commission quietly folded, and what it means for future challenges to administrative power.

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21:34

Tariffs on Trial: Supreme Court Showdown Ahead

Unwritten Law ·

2025/09/23

Mark Chenoweth and John Vecchione dig into the upcoming Supreme Court arguments over presidential tariff powers. With billions in disputed tariffs at stake, they explore remedies, nationwide injunctions, and why limiting relief could tilt power toward bureaucrats and leave citizens without a way to vindicate their rights.

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23:33

Biden’s Censorship Network Unraveled

Unwritten Law ·

2025/09/19

Mark Chenoweth is joined by Margot Cleveland to discuss new revelations about the State Department’s role in Biden-era censorship, uncovered through NCLA’s lawsuit and recent reporting. They trace how agencies tried to outsource speech suppression to foreign partners, why discovery unearthed “smoking guns,” and what it means for the First Amendment going forward.Read the full Daily Wire article here:

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26:40

SCOTUS 2025: Firing, Tariffs & Spending on the Line

Unwritten Law ·

2025/09/16

On Constitution Day, Mark Chenoweth and John Vecchione dive into John’s new article in Cato’s Supreme Court Review, previewing the Supreme Court’s 2025 term. From the president’s power to fire agency officials, to looming fights over tariffs and federal spending, they explore the cases most likely to redefine separation of powers in the year ahead.

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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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62 results

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