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

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 weeklyEpisodes113Foundeda year ago
Number of ListenersCategories
PoliticsGovernmentNews

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Artwork for Unwritten Law

Latest Episodes

Why did one federal judge receive only a reprimand after engaging in sexual activities in her chambers, while Federal Judge Pauline Newman remains sidelined after more than three years — with no judicial review of her suspension, despite no findings ... more

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Casey Norman to discuss Kurtin v. South Carolina Department of Labor, a case challen... more

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth, Senior Litigation Counsel John Vecchione, and Senior Litigation Counsel Peggy Little discuss a major development in Powell v. SEC: the SEC has formally rescinded... 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 joined by Litigation Counsel Jacob Huebert to discuss a newly filed federal lawsuit challenging Illinois’ Firearm... more

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Recent Guests

Sheng Li
Colleague, previously with government, referenced by host
Former colleague in government
Episode: Government Doesn’t Appeal NCLA’s Victory in Labor Rule Case
Casey Norman
Colleague invited to discuss the amicus brief and case
Episode: Who Gets to Decide What’s a Crime?
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
Andy Morris
Legal expert and commentator
Episode: The Supreme Court Slaps Down Presidential Tariff Power
Russ Ryan
Colleague and legal expert
Episode: Student Loan Pauses, Standing, and Lost Subsidies
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

Hosts

Mark Chenoweth
Host/Co-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
#162
Spain/Government
Apple Podcasts
#206
Ireland/Government

Talking Points

Recent interactions between the hosts and their guests.

Can EPA Decide Who Stays in Business?
Q: What does this mean for small businesses like Choice Refrigerants?
Small players face existential risk as the market is reshaped to favor incumbents or politically favored entrants, threatening survival for entrepreneurs who drive innovation but lack large R&D budgets.
Can EPA Decide Who Stays in Business?
Q: Zhonette, what's your overall impression of the government's brief and any surprises?
The brief is surprisingly candid about the scope of EPA's delegation and reveals a belief that market-share allocation is a technical administrative detail; the surprise is how openly it treats economic distribution as a statutory implementation, which raises concerns about executive overreach.
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.

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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These podcasts share a similar audience with Unwritten Law:

1. Divided Argument
2. Law Talk With Epstein, Yoo & Cooke
3. Advisory Opinions
4. The Libertarian
5. The Editors

How many episodes of Unwritten Law are there?

Unwritten Law launched a year ago and published 113 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. Sheng Li
2. Casey Norman
3. John Sauer
4. Caitlin Moyna
5. Andy Morris
6. Russ Ryan
7. Judge Nalbandian
8. Judge Boggs

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