Rephonic
Artwork for Unwritten Law
Supreme Court
New Civil Liberties Alliance
Tariffs
First Amendment
Securities and Exchange Commission
Executive Power
Constitutional Law
Administrative Law
Trump Administration
Congress
NCLA
Fourth Amendment
Non-Delegation Doctrine
Covid-19
Chevron Deference
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

PublishesDailyEpisodes129Foundeda year ago
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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 Andy Morris to discuss National Association of Wholesaler-Distributors v. Rya... 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 Senior Litigation Counsel Jacob Huebert to discuss NCLA's newly filed lawsuit challenging Montgomery Co... 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 discuss NCLA's Supreme Court amicus brief in Boysen v. PeaceHealth, a case asking the Court to revisit Jacobson v. Ma... 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 Casey Norman to discuss NCLA's appeal in Dressen v. Flaherty, a case challenging all... more

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Recent Guests

Andreia Trifoi
Colleague to discuss the Fourth Amendment
New Civil Liberties Alliance (NCLA)
Episode: SCOTUS Special (Part 3): A Major Win for Digital Privacy
Margot Cleveland
Of Counsel at NCLA; led amicus briefing in Trump v Slaughter
New Civil Liberties Alliance
Episode: SCOTUS Summer Series (Part 1): The End of Humphrey's Executor
Jacob Hubert
Senior Litigation Counsel at NCLA; led amicus briefing in Trump v Cook
New Civil Liberties Alliance
Episode: SCOTUS Summer Series (Part 1): The End of Humphrey's Executor
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: The Massachusetts Phone Spyware Case
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

Hosts

Mark Chenoweth
Co-host / Host related to civil liberties litigation; affiliated with New Civil Liberties Alliance (NCLA).
John Vecchione
Host / Co-host focusing on constitutional law and administrative-state battles; affiliated with New Civil Liberties Alliance (NCLA).

Chart Rankings

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Apple Podcasts
#242
United States/Government
Apple Podcasts
#181
Spain/Government

Talking Points

Recent interactions between the hosts and their guests.

Can Government Disarm a Synagogue?
Q: What is the timeline for filing and getting a court to act on the TRO?
The case was filed in the US District Court for the District of Maryland with urgency, and the judge is being asked to schedule briefing quickly to potentially obtain an order joining the injunction soon.
Can Agency Commentary Increase Your Prison Sentence?
Q: Remind our listeners, Casey, what is Stinson Deference and what's at stake in this case that they've agreed to hear?
Stinson Deference is the principle that agency commentary attached to sentencing guidelines should be given deference by courts, much like regulatory interpretations, but the stakes are exceptionally high in criminal sentencing because the commentary can effectively extend or intensify punishment beyond what the guideline text alone would show; the case questions whether this deference is consistent with constitutional requirements and judicial independence.
SCOTUS Special (Part 4): Title IX Means Sex
Q: What did the Supreme Court have to say about the Title IX cases regarding women's sports and gender identity?
The Court held that neither Title IX nor the Equal Protection Clause prohibits a state from designating women's sports teams based on biological sex, emphasizing a traditional statutory interpretation of Title IX and the historical context in 1972.
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.

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?

Across recent episodes, the show consistently explores how federal agencies shape everyday life through civil liberties, regulatory power, and constitutional questions. Conversations center on high-stakes disputes over censorship, administrative law, executive power, and due process, often framed through landmark court decisions and current Supreme Court debates. A recurring pattern is deep dives with legal practitioners and policy advocates who illuminate how rules, rulings, and enforcement actions affect businesses, individuals, and the balance of power between branches. Noteworthy is the consistent emphasis on practical implications—standing, jury rights, non-delegation, and the administrative state—coupled with accessible explanations o... more

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1. Gray Matters
2. FedSoc Forums
3. Law Talk With Epstein, Yoo & Cooke
4. Divided Argument
5. Advisory Opinions

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Unwritten Law launched a year ago and published 129 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. Andreia Trifoi
2. Margot Cleveland
3. Jacob Hubert
4. Alana Black
5. Peggy Little
6. John Sauer
7. Caitlin Moyna
8. Judge Nalbandian

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