Explore every episode of the podcast Unwritten Law

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 entrepreneurs, the dubious national-security justifications provided by the government, and what's next as the fight moves forward in court.

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 banning “substantially similar” regulations could haunt future agency actions—and why this case might finally test that theory in court.

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 obscure procedural tool could reshape constitutional litigation.

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 the devastating impact of tariff uncertainty, and calls out the myth that foreign countries—not American importers—are footing the bill.

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 why a consent decree is needed to ensure bureaucrats don’t reboot this censorship agenda under a new name.

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 could reshape the boundaries of Article III power.

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 judiciary a new opportunity to get it right.

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 most important challenges to executive overreach this year.

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 doesn’t authorize the executive branch to sidestep Congress’s clear rules on trade.

John explains why this case isn’t just about tariffs—it’s about constitutional limits on executive power, strategic legal choices, and the consequences of letting presidents unilaterally tax Americans under the guise of emergencies.

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 year’s standout contenders, upsets, and predictions for the Flagrant Four.

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 nondelegation and “taxation by bureaucracy,” and how this case could reshape how much power agencies have to raise and spend money.

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—adding serious risk to suing the federal government, even in civil liberties cases.

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 future public health policies.

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 Biden’s illegal student loan forgiveness plan and the chaos it has created for borrowers.

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 go.

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 challenging government surveillance of fishermen in Washington State.

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.