Unwritten Law

As the nation approaches the 250th anniversary of the Declaration of Independence, the Chief Justice of the United States reflects on America’s founding principles in his annual Year-End Report on the Federal Judiciary. But what does that report really say about the state of the Supreme Court today?

In this episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione unpack Chief Justice Roberts’s historical reflections, his views on the Declaration of Independence, and what judicial independence truly means in modern constitutional law. They explore whether the Declaration is merely “ancillary” or somet...

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione dig into a major new essay by R.J. Pestritto, Senior Fellow at the Claremont Institute, titled “Government by the Unelected: How It Happened and How It Might Be Tamed.”

https://dc.claremont.org/government-by-the-unelected-how-it-happened-and-how-it-might-be-tamed/

The discussion traces the intellectual and legal origins of the modern administrative state — from Progressive-era theory and Woodrow Wilson, through the New Deal, the rise of Chevron deference, and decades of judicial decisions that insulated federal agencies from democratic control. Mark and John explain how ideas developed in academia slowly...

Why are the Little Sisters of the Poor still being dragged into court over the Affordable Care Act’s contraception mandate—years after the Supreme Court ruled in their favor?

On this episode of Unwritten Law, Mark Chenoweth and John Vecchione are joined by NCLA Senior Litigation Counsel Andy Morris to discuss a newly filed amicus brief at the U.S. Court of Appeals for the Third Circuit in Pennsylvania & New Jersey v. Trump. The case challenges religious exemptions that protect the Little Sisters, Catholic nuns who object to being forced to provide contraception coverage.

The...

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione are joined by Andreia Trifoi to discuss NCLA’s constitutional challenge to the City of Marco Island’s use of automatic license plate readers (ALPRs) — a surveillance system that records and stores the movements of every driver entering or leaving the island.

Because Marco Island has only three bridges, residents are photographed and tracked multiple times a day, with their location data retained for years and potentially shared with other agencies or private companies. The hosts explain why this dragnet surveillance goes far beyond ordinary police observ...

In this follow-up episode of Unwritten Law, Mark Chenoweth and John Vecchione continue their deep dive into the Supreme Court’s oral argument in Trump v. Slaughter, focusing on key issues that received less attention in Part I — but may prove just as consequential.

The conversation explores whether there is any meaningful constitutional distinction between criminal and civil enforcement, and why several justices appeared skeptical of claims that civil enforcement power is somehow “less executive.” The hosts explain why allowing independent agencies like the FTC and SEC to prosecute their own civil cases — outside the Department of Justice —...

Just days after oral argument, Unwritten Law hosts Mark Chenoweth and John Vecchione break down one of the most consequential separation-of-powers cases in decades: Trump v. Slaughter.

At stake is Humphrey’s Executor, the 1935 Supreme Court decision that allowed Congress to insulate powerful federal regulators from presidential control. If overturned, the ruling could fundamentally reshape the modern administrative state.

Mark and John walk through the justices’ questions, the strengths and weaknesses of the arguments on both sides, and why several members of the Court appear ready to rethink nearly a century of doctrine.

This...

In this episode, Mark Chenoweth and John Vecchione sit down with NCLA Litigation Counsel Casey Norman to break down a major regulatory win: stopping FERC’s sweeping “Duty of Candor” rule before it ever hit the books. The proposed rule would have allowed the Federal Energy Regulatory Commission to punish any speaker — from corporations to ordinary citizens — for any statement, email, or phone call the agency deemed “false,” “misleading,” or missing “material information,” with no mens rea requirement and no defined limits.

Casey walks through why this vague, overbroad rule was a First Amendment disaster waiting to happen; how it risked...

In this episode, Casey Norman joins Mark Chenoweth and John Vecchione to unpack BASE Access, et al. v. National Park Service, a remarkable case about whether a federal agency can criminalize BASE jumping in national parks without any clear authorization from Congress. For nearly 50 years, the National Park Service has treated BASE jumping as a crime—even though the regulation they rely on was written in the 1950s to prevent cargo drops, not recreational jumping.

Casey explains the nondelegation challenge, the vagueness problem, the strange double standard with hang gliding, and why a federal judge in Houston is...

Senior Litigation Counsel Russ Ryan joins Mark Chenoweth and John Vecchione to break down Barton v. SEC, a newly filed cert petition that challenges the SEC’s practice of using court-appointed receivers to seize assets, run companies, and even sue third parties—all without clear statutory authority. Russ explains how these ad-hoc receiverships raise serious Appointments Clause, separation-of-powers, bankruptcy-evasion, and Sixth Amendment concerns, and why the Supreme Court should put a stop to this shadow system. A deep dive into one of the most under-scrutinized abuses in federal enforcement.

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione welcome Margot Cleveland to unpack the Supreme Court case Trump v. Slaughter, a historic challenge to whether the President can remove commissioners of the Federal Trade Commission at will.

They walk through the key amicus briefs, Professor Caleb Nelson’s arguments, and Philip Hamburger’s response in the Yale Journal on Regulation emphasizing the Constitution’s unitary executive structure. The trio also discuss the foreign-policy powers exercised by modern independent agencies and why the Court may finally be ready to overturn Humphrey’s Executor. A deep dive int...

John Vecchione sits down with NCLA’s Kara Rollins to unpack her new article published in the Yale Journal on Regulation, written as part of an online symposium analyzing Senator Eric Schmitt’s post–Loper Bright working-group report. Kara breaks down the misunderstood concept of “necessary” discretion in statutes, how agencies exploit vague language to expand their power, and why Congress should reform definition sections—rather than abandon useful legislative terms. They also discuss real-world examples from NCLA’s litigation, including R-CALF and Magnuson-Stevens, and explore how tighter drafting could rein in overreach in the post-Chevron era.

Read Kara’s fu...

Mark Chenoweth and John Vecchione recap the 2025 Federalist Society National Lawyers Convention, offering candid insight into what made this year’s gathering different. From Judge Andy Oldham’s powerful Barbara Olson Lecture to unexpected debate pairings and shifts in programming philosophy, they break down where the convention excelled — and where it missed opportunities.

They discuss the tension between staging debates for show versus digging into substantive legal questions, the increasing presence of younger speakers, the lack of deep dives on topics like tariffs and administrative overreach, and the overall feel of the event’s intellectual energy. Mark and John...

John Vecchione sits down with Kara Rollins to explore her recent piece in the Yale Journal on Regulation titled “Necessary” Discretion: A Primer for Non-Lawyers. They delve into what it really means when legislatures grant agencies the authority to act when something is “necessary,” how courts interpret these trigger‐words, and why this matters for administrative power. From the Spending Clause to rule‐making, this conversation breaks down complex doctrine in plain terms and shows how “necessary” might mean more than you think.

Senior Litigation Counsel Margaret Harker joins Mark Chenoweth and John Vecchione to unpack the House Oversight Committee’s auto-pen investigation — a 100-page probe that raises serious questions about President Biden’s cognitive fitness, missing decision records, and last-minute pardons allegedly authorized via an auto-pen rather than by the President himself. They discuss the committee’s referral to the Department of Justice, the legal issues around voiding pardons, and why the report’s findings matter for presidential accountability and the rule of law.

Mark Chenoweth and John Vecchione welcome NCLA Senior Litigation Counsel Russ Ryan for a jaw-dropping judicial-ethics cases.

A Texas judge—currently presiding over a live case—has written three novels featuring characters bearing striking resemblance of herself and on one of the actual litigants before her. The fictional version of the real-life businessman is cast as a villain.

The case is Dondero v. Jernigan, raising fundamental questions about impartiality.

Russ walks through the surreal facts and NCLA’s concise but impactful amicus brief urging the Court to fix the problem.

This is an...

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 power, the episode captures the day’s biggest moments — and what they reveal about the future of constitutional checks and balanc

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.

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 removal under Article II, this episode unpacks how the Court’s decision could reshape the balance of power in Washington.

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 authority in Congress’s hands — not the Oval Office.

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 historical details that shaped our understanding of America’s founding document.

A must-listen for anyone passionate about originalism, constitutional history, and the ongoing effort to...

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.

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 Spending Clause and the clear statement rule, by imposing conditions Congress never enacted. The discussion unpac...

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: https://www.wsj.com/opinion/chief-justice-john-roberts-20-years-supreme-court-bb977114

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.

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.

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.

Mark Chenoweth and John Vecchione are joined by NCLA Senior Litigation Counsel Russ 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.

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.

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: https://www.dailywire.com/news/exclusive-state-department-puts-final-nail-in-the-coffin-of-biden-era-censorship-framework

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.

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.

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.

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.

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack the Supreme Court’s split, middle-of-August orders in NIH v. American Public Health Association: five justices allowed the administration to cancel roughly $800 million in NIH research grants, while a different five blocked forward-looking guidance. They break down the dueling lineups, Gorsuch and Kavanaugh’s warning to lower courts to follow controlling precedent, and why the proper remedy for canceled grants may lie in the Court of Federal Claims rather than the APA. The conversation hits standing, separation of powers, and what this signals for future fast-track fights over federa...

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack 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 “PAS officer” and 90-day service requirements, and the debate over whether a U.S. Attorney is a principal or inferior officer under the Appointments Clause—including the thorny question of courts appointing executive officials.

The discussion covers why the indictments weren’t tossed, what an appeal to the Third Circuit could look like, how Se...

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione dissect DOJ’s unusual Rule 28(j) filing in the Federal Circuit tariff appeal, V.O.S. Selections, Inc. v. Trump. They explain what 28(j) is actually for (post-argument new legal authority), why citing news reports and seeking a broad stay misses the mark, and how using IEEPA as a tariff statute raises serious constitutional concerns. The discussion walks through stay standards (likelihood of success, irreparable harm, public interest), the administration’s “agreement” claims, and the practical stakes for importers, small businesses, and constitutional trade authority.

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA's Greg Dolin to unpack the New York Appellate Division’s 323-page ruling in the civil fraud case against Donald Trump. They break down why calling a half-billion-dollar penalty “disgorgement” doesn’t fly without ill-gotten gains, how the Eighth Amendment’s Excessive Fines Clause comes into play, and why the Attorney General’s theory stretches New York fraud beyond traditional reliance and harm.

The discussion also covers the opinion’s treatment of attorney sanctions, what could happen on further appeal, and what this all means for due proce...

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA Litigation Counsel Jenin Younes to unpack her recent oral argument in Stewart v. Walz.

The case challenges a Minnesota college’s decision to fire a professor who refused to comply with COVID-19 mandates—and openly explained his objections to students.

The conversation explores how pandemic-era policies collided with the First Amendment, why the district court dismissed the case, and what the outcome could mean for academic freedom, free speech, and constitutional governance nationwide.

In this episode of Unwritten Law, NCLA’s General Counsel Zhonette Brown joins Mark Chenoweth and John Vecchione to unpack the DC Circuit’s ruling in Choice Refrigerants v. EPA.

Congress gave EPA free rein to design a cap-and-trade scheme for hydrofluorocarbons—without clear limits. The court sidestepped the constitutional nondelegation problem by reinterpreting the statute to match past laws, even though EPA didn’t follow that approach.

We explore why this “constitutional avoidance” tactic raises serious rule-of-law concerns, and what it means in the post-Loper Bright world.

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione unpack a major federal court ruling that struck down the SEC’s funding mechanism for its mass surveillance program—known as the Consolidated Audit Trail (CAT).

The 11th Circuit agreed with the American Securities Association and Citadel that the SEC's attempt to impose multi-billion-dollar fees on broker-dealers was arbitrary, capricious, and totally untethered from Congressional authorization.

Mark and John break down how this massive Fourth Amendment–invading program was never passed by Congress, never properly funded, and yet was still collecting every American investor’s stock t...

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down the high-stakes en banc oral argument in V.O.S. Selections, Inc. v. Trump, a pivotal challenge to presidential tariff authority under the International Emergency Economic Powers Act (IEEPA). John attended the packed Federal Circuit courtroom and brings listeners an insider account of the arguments, judicial skepticism, and the government’s struggle to defend sweeping tariff powers.

The discussion dives into the legacy of the Yoshida case, the limits of executive power in trade policy, and why post-Loper Bright courts may be less willing to rubb...

In this episode of Unwritten Law, Mark Chenoweth and John Vecchione dissect an overlooked constitutional controversy: presidential pardons signed by an autopen. Inspired by a recent op-ed from NCLA’s founder Philip Hamburger, they question what happens when bureaucrats—or interns—wield the power of the pen. Can the president legally delegate the pardon power? Did anyone actually authorize the latest batch of pardons? And what does the Constitution say about it?

Mark and John explore how the Biden administration’s vague processes, lack of transparency, and use of mechanical signature tools risk undermining the original meaning of Articl...

In this episode of Unwritten Law, Mark and John dive into the Supreme Court’s emergency order in Trump v. Boyle, a little-noticed but potentially seismic moment in administrative law.

What happens when the President fires commissioners from an “independent” agency—and lower courts try to put them back in power? The hosts unpack the chaos at the Consumer Product Safety Commission, the unresolved fate of Humphrey’s Executor, and the broader implications for executive authority, judicial remedies, and agency structure. From district court blunders to Justice Kagan’s warning and Justice Kavanaugh’s push for fast-track review, this epis...

In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione break down the recent Third Circuit decision in Axalta Coating Systems v. Federal Aviation Administration.

The case tests how lower courts apply the Supreme Court’s landmark Jarkesy ruling, which emphasized the importance of jury trials and Article III courts for administrative adjudications.

Mark and John explore why the panel sided with agency adjudication despite the Supreme Court’s warnings, discuss Judge Bibas’s powerful concurrence highlighting ongoing constitutional concerns, and analyze the troubling reliance on the expansive "public rights" doctrine. Will this decisio...

In this episode of Unwritten Law, NCLA’s Mark Chenoweth, John Vecchione, and Kara Rollins analyze the troubling decision in U.S. v. Sacanell, an insider-trading case that tests the Supreme Court’s landmark decision overturning Chevron deference.

They explore how the SEC created expansive insider-trading rules without explicit congressional authorization—rules that are now putting defendants at risk of criminal penalties. The team examines the district court’s reliance on prior Chevron-era precedent, debates the shaky application of statutory stare decisis in criminal contexts, and discusses why the rule of lenity and due process concerns might ultimately...

In this episode of Unwritten Law, NCLA’s Mark Chenoweth, John Vecchione, and Kara Rollins are joined by Professor Eric Bolinder (Liberty University), former counsel in the landmark Loper Bright case.

They analyze the disappointing outcome in the closely watched Relentless case, where fishermen still face mandatory fees for onboard government observers—even after Chevron deference was overturned.

Professor Bolinder explains why the court’s decision ignored critical textual arguments, conflated statutory interpretation with deferential review, and risked perpetuating the very administrative power the Supreme Court sought to curb. The group also discusses new settlement negotiation...

In this episode of Unwritten Law, guest host Andy Morris, NCLA Senior Litigation Counsel, is joined by constitutional law expert Josh Blackman to unpack the Supreme Court’s recent ruling in Kennedy v. Braidwood Management.

The case challenged the appointments process of the HHS’s U.S. Preventive Services Task Force—a panel deciding which preventive healthcare services insurers must provide without cost. Josh explains why the ruling, which upheld these appointments, raises critical concerns about political accountability and constitutional limits on agency power.

Together they explore implications for the Appointments Clause, agency independence, and the bro...

In this episode of Unwritten Law, NCLA's John Vecchione and Zhonette Brown break down the recent Supreme Court decision in FCC v. Consumers' Research, a crucial non-delegation doctrine case.

Zhonette explains the controversial ruling that allows the Federal Communications Commission (FCC) to set fees—arguably taxes—without explicit congressional limits. They discuss the implications of the Court’s continued adherence to the "intelligible principle" test, the unresolved confusion between fees and taxes, and the concerning delegation of rate-setting power to private entities. John and Zhonette explore why this ruling may have broader implications for administrative power, taxation, and cong...

In this compelling episode of Unwritten Law, NCLA’s John Vecchione is joined by litigation counsel Kara Rollins to discuss the unprecedented turmoil at the Consumer Product Safety Commission (CPSC). Following President Trump’s firing of three Democratic commissioners, a dramatic court battle erupted, spotlighting the controversial Humphrey’s Executor precedent and sparking an existential debate about the independence and accountability of federal agencies. Kara and John delve into the explosive details of the Dreamland Baby v. CPSC case, the reinstatement controversy, and why this litigation may force the Supreme Court to clarify—or overturn—the longstanding limits on presidentia...

In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by litigation counsel Casey Norman to discuss the Supreme Court ruling in Martin v. United States. The case arose from a terrifying FBI wrong-house raid that left an innocent family traumatized and with few options for redress. Casey explains how the Court clarified the scope of the Federal Tort Claims Act (FTCA), rejecting the Eleventh Circuit’s expansive interpretation of federal immunity. They discuss how this decision strengthens property rights, limits governmental power, and restores accountability when federal agents violate citizens' liberties.

Key to...

In this special anniversary episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione discuss the landmark Supreme Court ruling in Loper 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 legislative responses and recent decisions limiting executive power, while exploring whether the administrative state has truly been restrained—or if more work remains.

Topics include: Chevron...

In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione discuss the latest developments in Harper 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 age, and outlines NCLA’s arguments as they await a critical decision from the Justices. This case could redefine...

In this episode of Unwritten Law, NCLA’s Mark Chenoweth sits down with Senior Litigation Counsel Peggy Little to unpack the Supreme Court’s decision in McLaughlin 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 this decision restores meaningful judicial review, how it affects NCLA’s ongoing battles against administrative overstep, and why agencies can no longer avoid scrutiny sim...

In this episode of Unwritten 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 into unconstitutional gatekeepers for academic speech. They dive into why this case matters beyond Tennessee, highlighting the chilling effects these boa...

In this episode of Unwritten 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 review Alpine 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 questions about private entities exercising governmental authority.

The conversation also covers NCLA’s ongoing efforts to rein in similar private regulators and celebrates...

In this episode of Unwritten 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 for lower courts and future litigation, the strategic timing of these rulings, and why these decisions signal a shift in the court’s interpretive approach.

In this special episode of Unwritten 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 NCLA argues these tariffs are unlawful—exceeding executive power and bypassing Congress’s established trade laws. Together, they explore the real-world impact on American...

In this episode of Unwritten 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 questions, and historical precedents involved, highlighting how this case could reshape executive authority, civil service protections, and separation-of-powers dynamics.

In this episode of Unwritten 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 vote could set up a legal showdown with sweeping consequences.

They also discuss how a little-known clause...

In this episode of Unwritten 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, class certification workarounds, and why the Court may be looking for a narrow path forward. With sharp analysis, this episode reveals how one obscu...

In this episode of Unwritten Law, NCLA’s John Vecchione and attorney Andy Morris break down the latest developments in Simplified 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 Congress and unilaterally tax imports using emergency powers?

The episode also introduces four new small business plaintiffs, examines t...

In this episode of Unwritten 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 case The 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 the State Department kept files labeling Americans as “vectors of disinformation.” Margot also explains how so-called “media literacy” grants are being misused to discredit U.S. voices and wh...

In this episode of Unwritten 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 in Newman 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 of judicial discipline, the dangers of letting judges act as both witnesses and adjudicators, and why this case coul...

In this episode of Unwritten 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 1905 Jacobson precedent, and the violation of First Amendment rights. With courts beginning to reevaluate the legality of pandemic-era mandates, NCLA is giving the judici...

In this episode of Unwritten 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 in to hear how NCLA is fighting for small business owners, why jurisdiction matters, and what makes this case one of the mos...

Is it legal for a president to impose tariffs under emergency powers? In this episode of Unwritten 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 the first and only case 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 freeze assets or embargo items during a real emergency—but it doesn’t allow tariffs. And it certainly do...

In this special episode of Unwritten 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 collusion, the matchups are fierce, the stakes are high, and the voter engagement is at an all-time record. Tune in to hear this...

In this episode of Unwritten 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 Margot explore how courts are approaching separation-of-powers issues—and why these developments matter for constitutional governance.

Can a federal agency raise billions in fees without Congress ever approving the tax? In this episode of Unwritten Law, host Mark Chenoweth is joined by NCLA’s General Counsel Zhonette Brown to unpack Consumers’ 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 without congressional authorization. Zhonette breaks down the Fifth Circuit’s ruling, the thorny issues of nondelegatio...

Can you really “win” a lawsuit if the court never rules on your case? In this episode of Unwritten 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 in Lackey 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 new executive order instructing agencies to demand financial bonds from plaintiffs seeking injunctions—ad...

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack John’s recent Wall 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 separation of powers and how this self-perpetuating entity operates outside meaningful checks and balances.

Who really controls the executive branch? In this episode of Unwritten 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 swift reversal, and why Supreme Court precedent—Seila Law and Collins—made this a clear win for Trump.

Are vaccine mandates constitutional? In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Jenin Younes to discuss Health 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-misinterpreted Jacobson v. Massachusetts precedent. The team unpacks why Jacobson doesn’t justify rubber-stamping mandates, how courts have misapplied it for decades, and what this case could mean for futur...

Does the IRS have the right to seize your financial records—without a warrant, without suspicion, and without you even knowing? In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Sheng Li to discuss Harper 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 reshape the Fourth Amendment’s “third-party doctrine.” The team also covers a major legal victory in the fight against Bi...

Is it a crime to jump off a cliff in a national park? The National Park Service seems to think so. In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Casey Norman to discuss NCLA’s 100th case—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 adventure sports—it’s about stopping executive agencies from making up the rules as they

Should the government be able to deny you a jury trial for a criminal charge? Unwritten Law hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Jenin Younes to discuss Lesh v. United States, a case that could force the Supreme Court to reconsider its long-standing “petty offense” exception to the Sixth Amendment’s jury trial guarantee.

Jenin breaks down how a skier and Instagram influencer ended up facing federal charges—and why two Tenth Circuit judges think the Supreme Court needs to revisit its precedent.

The team also dives into the latest case challeng...

Welcome to the inaugural episode of Unwritten Law, the New Civil Liberties Alliance’s podcast exposing unlawful administrative power. Hosts Mark Chenoweth and John Vecchione kick off the series by breaking down the Supreme Court’s landmark Loper Bright and Relentless rulings, which dismantled Chevron deference.

What happens next in the fight against bureaucratic overreach? How will courts interpret statutes now that agencies can’t dictate the meaning? Mark and John unpack the latest legal developments, preview key cases ahead, and explain why unwritten laws affect every American.