Claim OwnershipUnwritten Law
Subscribed: 7Played: 41
Subscribe
© Copyright 2025 New Civil Liberties Alliance
Description
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.
68 Episodes
Reverse
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 into one of the most important separation-of-powers cases of the term.
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 also highlight memorable moments, including the conversation with Justices Barrett and Kavanaugh, Steve Bradbury’s Department of Transportation panel, and a compelling discussion on free speech rights for non-citizens.A mix of recap, critique, and commentary, this episode gives listeners an insider’s view of how the conservative legal movement’s biggest annual gathering is evolving in 2025.
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 episode you do not want to miss.
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 balances.
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 keep the meaning of the Constitution alive and clear.
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 unpacks what’s at stake for state sovereignty, federal funding, and the future of women’s athletics.
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
Comments
Download from Google Play
Download from App Store
United States