Rephonic
Artwork for Unwritten Law
Supreme Court
New Civil Liberties Alliance
Tariffs
Securities and Exchange Commission
First Amendment
Constitutional Law
Administrative Law
Executive Power
Congress
Trump Administration
NCLA
Fourth Amendment
Non-Delegation Doctrine
Chevron Deference
Covid-19
Administrative Power
Humphrey's Executor
Due Process
Constitution
Trump V. Slaughter

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 ... more

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Artwork for Unwritten Law

Latest Episodes

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA Staff Attorney Andreia Trifoi to discuss the Supreme Court's landmark Fourth Amendment decision in... more

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In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are again joined by NCLA Staff Attorney Andreia Trifoi to discuss the Supreme Court’s decision in West Virginia v. B.... more

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Part 2 of our Supreme Court Special.

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA Senior Litigation Counsel Jacob Huebert to examine the Supre... more

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In this special Supreme Court edition of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA Of Counsel Margot Cleveland to discuss the Supreme Court's landmark decision... more

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Recent Guests

Alana Black
Senior Litigation Counsel at the New Civil Liberties Alliance
New Civil Liberties Alliance
Episode: The Fight Over Who Decides Constitutional Claims
Peggy Little
Senior Litigation Counsel
New Civil Liberties Alliance (NCLA)
Episode: Did the SEC Repeal Its Gag Rule to Avoid SCOTUS?
Zhonette Brown
NCLA General Counsel
New Civil Liberties Alliance (NCLA)
Episode: Can EPA Decide Who Stays in Business?
John Sauer
Missouri Attorney General's Office official who helped bring discovery and coordination to the case
Missouri Attorney General's Office
Episode: The Inside Story of Murthy v. Missouri: How the Government Pressured Social Media
Caitlin Moyna
New senior litigation counsel at the New Civil Liberties Alliance
New Civil Liberties Alliance
Episode: Disparate Impact and the Limits of Agency Power
Judge Nalbandian
Panel judge in the Sixth Circuit case
Episode: Student Loan Pauses, Standing, and Lost Subsidies
Judge Boggs
Panel judge in the Sixth Circuit case
Episode: Student Loan Pauses, Standing, and Lost Subsidies
Judge Mathis
Panel judge in the Sixth Circuit case
Episode: Student Loan Pauses, Standing, and Lost Subsidies
Margaret Harker
A former AUSA and staff member of the House Oversight Committee
New Civil Liberties Alliance
Episode: Auto-Pen & Accountability: What the Oversight Committee Found About the Biden White House

Hosts

Mark Chenoweth
Host/Co-host of Unwritten Law
John Vecchione
Host of Unwritten Law

Chart Rankings

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Apple Podcasts
#125
Spain/Government

Talking Points

Recent interactions between the hosts and their guests.

The Fight Over Who Decides Constitutional Claims
Q: What is the main critique of Thunder Basin in this brief?
The brief contends that Thunder Basin was misunderstood as a jurisdictional rule and that it has been misapplied to siphon constitutional questions away from Article III courts; the aim is to either overrule or narrow Thunder Basin so as to restore proper judicial review pathways.
The Fight Over Who Decides Constitutional Claims
Q: Can you explain why the amicus focuses on statutory history and the three-judge panel tradition?
The amicus argues that Congress has long aimed to route constitutional challenges to Article III courts via the three-judge panel framework and related direct appellate channels, reflecting a deliberate separation of powers and a protective stance toward judicial review of federal statutes.
SCOTUS Rejects Hawaii's Gun Rights Workaround
Q: Glad to have you here. So it's pretty, you know, wet off the presses, but what do you make of this case?
The case upholds Second Amendment rights by striking down Hawaii's law that required private-property permission to carry, aligning with Bruin and emphasizing that historical tradition governs whether gun rights can be restricted. It also raises questions about similar Illinois laws and their constitutionality, potentially strengthening current and future challenges.
Did the SEC Repeal Its Gag Rule to Avoid SCOTUS?
Q: What is the main legal question the court should decide in Powell v. SEC?
Whether a gag rule tied to settlements is constitutional and whether it can be enforced or enjoined when it is being rescinded or modified, given that the agency could reinstate a similar restriction in the future without a full rulemaking process.
Can Congress Let EPA Pick Winners and Losers?
Q: But what stands out most to you in the reply brief, and what did the government miss in its response?
The tension between the government's brief and the trade associations' brief shows they didn't identify a single intelligible principle to constrain the agency, implying there is nothing in the statute that actually constrains executive action.

Audience Metrics

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Frequently Asked Questions About Unwritten Law

What is Unwritten Law about and what kind of topics does it cover?

This program centers on the misuse of administrative power and the tensions between agency action and written law. Across episodes, the hosts and guests scrutinize regulatory overreach, from gag clauses and non-delegation debates to due-process concerns in agency adjudication and the broader implications for civil liberties. A recurring thread is the interaction between government powers and individual rights, with a strong emphasis on how courts, lawmakers, and advocacy groups can check bureaucratic expansion. A distinctive trait is the consistent involvement of civil-liberties-focused legal professionals from a single advocacy organization, often unpacking amicus strategies, landmark cases, and the practical consequences of regulatory pol... more

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1. Law Talk With Epstein, Yoo & Cooke
2. Divided Argument
3. Advisory Opinions
4. Amarica's Constitution
5. We the People

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Unwritten Law launched a year ago and published 124 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Unwritten Law?

Recent guests on Unwritten Law include:

1. Alana Black
2. Peggy Little
3. Zhonette Brown
4. John Sauer
5. Caitlin Moyna
6. Judge Nalbandian
7. Judge Boggs
8. Judge Mathis

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