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    Government

    Unwritten Law

    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 Mark Chenoweth and John Vecchione break down the biggest legal battles involving federal agencies, government overreach, and the Constitution. Each episode explores real cases challenging the expanding power of the administrative state, explaining how these disputes affect ordinary Americans, businesses, and the future of limited government.

    Whether the topic is the Supreme Court, free speech, property rights, due process, jury trials, executive power, or the separation of powers, Unwritten Law explains the legal issues behind today’s biggest constitutional debates in clear, accessible language. You’ll hear directly from the attorneys litigating landmark cases, as well as clients whose lives and livelihoods have been changed by unlawful government action.

    Produced by the New Civil Liberties Alliance (NCLA), Unwritten Law takes listeners behind the headlines to explain how federal agencies exercise regulatory power, how constitutional challenges move through the courts, and why these cases matter—even if you’ve never stepped inside a courtroom.

    If you’ve ever wondered who really writes the rules that govern your life, why unelected bureaucrats hold so much authority, or how the Constitution protects individual liberty, Unwritten Law will give you the context, the legal insight, and the real-world stories behind today’s most important fights for civil liberties.

    Whether you’re a lawyer, business owner, public servant, student, or simply someone who wants to better understand how government power affects everyday life, Unwritten Law gives you the legal insight behind the headlines—and the constitutional principles that protect individual liberty.

    Subscribe each week for conversations about Supreme Court litigation, constitutional law, the administrative state, federal agencies, government accountability, civil liberties, free speech, property rights, due process, separation of powers, regulatory power, and the legal battles shaping the future of American government.

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    Copyright: © Copyright 2026 Mark Chenoweth & John Vecchione

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    Latest Episodes:
    Title IX and Women’s Sports: The Supreme Court Takes Up West Virginia v. B.P.J. Oct 14, 2025
    Show notes

    Staff attorney Andreia Trifoi joins Mark Chenoweth and John Vecchione to discuss West Virginia v. B.P.J., one of the Supreme Court’s most consequential upcoming cases on women’s sports and Title IX. The case challenges whether states can restrict participation in female sports to biological women—and whether courts can reinterpret “sex” in Title IX to include gender identity.

    Andreia explains NCLA’s amicus brief, which argues that the Fourth Circuit’s reading of Title IX violates the Constitution’s Spending Clause and the clear statement rule, by imposing conditions Congress never enacted. The discussion unpacks what’s at stake for state sovereignty, federal funding, and the future of women’s athletics.


    The Roberts Court Turns 20: Triumphs, Trials, and Calling Balls Strikes Oct 10, 2025
    Show notes

    Mark Chenoweth and John Vecchione look back on two decades of the Roberts Court, reflecting on its most consequential rulings—from overturning Roe and Chevron to affirming the Second Amendment and colorblind constitutionalism. They discuss The Wall Street Journal’s recent editorial, “The Triumph of the Roberts Court,” and explore what Chief Justice John Roberts’ steady hand has meant for the Supreme Court’s direction and integrity.

    👉 Read the Wall Street Journal article here: https://www.wsj.com/opinion/chief-justice-john-roberts-20-years-supreme-court-bb977114


    Silenced by the SEC: Fighting Against the Gag Rule Oct 07, 2025
    Show notes

    Mark Chenoweth and John Vecchione are joined by Peggy Little to discuss the latest challenge to the SEC’s unconstitutional gag rule. After years of litigation, Peggy and her clients are pressing the Ninth Circuit for a rehearing en banc, arguing that the rule violates free speech, exceeds the SEC’s authority, and has muzzled defendants and the press for over 50 years. Hear why this long-running battle could finally bring transparency and accountability to the agency’s settlement process.


    Judge Newman’s Fight: En Banc Petition and the McBride Problem Oct 03, 2025
    Show notes

    Mark Chenoweth and John Vecchione are joined by Andy Morris to discuss their en banc petition in Newman v. Moore. The case raises serious questions about judicial discipline, constitutional due process, and whether the decades-old McBride precedent wrongly shields judicial councils from review.


    Baby Loungers and Big Government Sep 30, 2025
    Show notes

    Mark Chenoweth and John Vecchione welcome Kara Rollins to unpack her latest brief challenging the Consumer Product Safety Commission’s attempt to expand “durable infant products” regulations. They reveal how CPSC skipped statutory safeguards, stretched definitions, and ignored key data in its rush to regulate popular baby loungers—and why this case could rein in agency overreach.


    SEC Backs Down: Father Lemelson’s Decade-Long Fight Ends in Victory Sep 26, 2025
    Show notes

    Mark Chenoweth and John Vecchione are joined by NCLA Senior Litigation Counsel Russ Ryan to celebrate a major win for Father Emmanuel Lemelson. After more than ten years of litigation, the SEC has finally dismissed its follow-on proceeding—an extraordinary retreat that underscores the constitutional problems with agency-run tribunals. Hear how the case unfolded, why the Commission quietly folded, and what it means for future challenges to administrative power.


    Tariffs on Trial: Supreme Court Showdown Ahead Sep 23, 2025
    Show notes

    Mark Chenoweth and John Vecchione dig into the upcoming Supreme Court arguments over presidential tariff powers. With billions in disputed tariffs at stake, they explore remedies, nationwide injunctions, and why limiting relief could tilt power toward bureaucrats and leave citizens without a way to vindicate their rights.


    Biden’s Censorship Network Unraveled Sep 19, 2025
    Show notes

    Mark Chenoweth is joined by Margot Cleveland to discuss new revelations about the State Department’s role in Biden-era censorship, uncovered through NCLA’s lawsuit and recent reporting. They trace how agencies tried to outsource speech suppression to foreign partners, why discovery unearthed “smoking guns,” and what it means for the First Amendment going forward.

    Read the full Daily Wire article here: https://www.dailywire.com/news/exclusive-state-department-puts-final-nail-in-the-coffin-of-biden-era-censorship-framework


    SCOTUS 2025: Firing, Tariffs & Spending on the Line Sep 16, 2025
    Show notes

    On Constitution Day, Mark Chenoweth and John Vecchione dive into John’s new article in Cato’s Supreme Court Review, previewing the Supreme Court’s 2025 term. From the president’s power to fire agency officials, to looming fights over tariffs and federal spending, they explore the cases most likely to redefine separation of powers in the year ahead.


    Fighting the SEC: Father Lemelson’s Decade-Long Battle Sep 12, 2025
    Show notes

    When Father Emmanuel Lemelson criticized a pharmaceutical company, the SEC came after him. Ten years later, the fight continues — with questions of jury trials, due process, and agency bias at the center. Mark Chenoweth, John Vecchione, and Russ Ryan unpack the case.


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