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

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.

PublishesTwice weeklyEpisodes103Foundeda year ago
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NewsGovernmentPolitics

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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 Senior Litigation Counsel Peggy Little to discuss new developments in Powell v. SEC, a case asking the ... more

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Counsel Russ Ryan to discuss Lek Securities Corp. v. SEC, a case highlighting extreme... more

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA General Counsel Zhonette Brown to discuss new developments in Choice Refrigerants v. EPA, a case a... 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 break down a recent decision from the U.S. Court of Appeals for the D.C. Circuit involving plans to construct a ballr... more

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Recent Guests

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
Casey Norman
Colleague at the New Civil Liberties Alliance
New Civil Liberties Alliance
Episode: FERC’s Duty of Candor Rule: Dead on Arrival
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
Jacob Huebert
Senior Litigation Counsel at the New Civil Liberties Alliance
New Civil Liberties Alliance
Episode: Can the President Fire Lisa Cook? Trump v. Cook and Executive Power
John Malcolm
Senior Fellow at The Heritage Foundation
The Heritage Foundation
Episode: Inside The Heritage Guide to the Constitution: How 150 Scholars Reframed Originalism for a New Era - Part 1

Hosts

Mark Chenoweth
Host of Unwritten Law
John Vecchione
Host of Unwritten Law

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Apple Podcasts
#237
United States/Government
Apple Podcasts
#152
Ireland/Government
Apple Podcasts
#186
Spain/Government

Talking Points

Recent interactions between the hosts and their guests.

Birthright Citizenship at the Supreme Court
Q: What's the central question the justices are considering in this case?
Whether the 14th Amendment, by its terms, excludes the children of illegal aliens and visitors from citizenship, and whether birthright citizenship can be affected by executive actions or requires congressional action.
Judge Newman and the Right to a Day in Court
Q: Why is this case considered cert-worthy beyond fixing Judge Newman's situation?
Because the case exposes a broader, systemic risk in how internal judicial management can suppress due process and potentially undermine the integrity of the judiciary, suggesting the need for higher scrutiny to ensure constitutional compliance in administrative actions that affect judges and court operations.
Judge Newman and the Right to a Day in Court
Q: What are we asking the Supreme Court to do in this cert petition?
We are asking the Supreme Court to allow an Article III review of the lower court's orders, to determine whether the courthouse management actions exceeded their authority, and to issue prospective relief to prevent future violations, effectively giving Judge Newman her day in court and moving the case forward.
The First Amendment vs. the SEC Gag Rule
Q: Why is the gag rule considered an unconstitutional condition and how does consent play into this?
The rule creates a forced silence that people agree to under duress, effectively coercing speech and masking the true facts; consent is a fiction that does not remove the government's constitutional restriction on speech.
The First Amendment vs. the SEC Gag Rule
Q: What is at stake in Powell v. SEC at the Supreme Court?
The core issue is whether the SEC's lifetime gag on settlements constitutes an unlawful prior restraint that violates the First Amendment, as the gag prevents speech about enforcement actions and information flow in the market.

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?

Focused on the intersections of law, governance, and civil liberties, this series explores significant legal cases and the implications of bureaucratic overreach within the administrative state. Episodes cover topics including constitutional rights, regulatory practices, and cases that challenge the boundaries of authority between government agencies and citizens. By critically analyzing landmark cases and recent developments, two informed hosts provide insightful commentary on how these legal frameworks impact individual freedoms and societal norms. This podcast is particularly notable for its emphasis on the accountability of public agencies and the protection of civil liberties, making it a valuable resource for individuals interested in... more

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These podcasts share a similar audience with Unwritten Law:

1. Beyond the Brief
2. Divided Argument
3. Advisory Opinions
4. The Editors
5. Uncommon Knowledge

How many episodes of Unwritten Law are there?

Unwritten Law launched a year ago and published 103 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. John Sauer
2. Caitlin Moyna
3. Judge Nalbandian
4. Judge Boggs
5. Judge Mathis
6. Casey Norman
7. Margaret Harker
8. Jacob Huebert

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