Unwritten Law

In this follow-up episode of Unwritten Law , Mark Chenoweth and John Vecchione continue their deep dive into the Supreme Court’s oral argument in Trump v. Slaughter , focusing on key issues that received less attention in Part I — but may prove just as consequential. The conversation explores whether there is any meaningful constitutional distinction between criminal and civil enforcement , and wh...

Just days after oral argument, Unwritten Law hosts Mark Chenoweth and John Vecchione break down one of the most consequential separation-of-powers cases in decades: Trump v. Slaughter . At stake is Humphrey’s Executor , the 1935 Supreme Court decision that allowed Congress to insulate powerful federal regulators from presidential control. If overturned, the ruling could fundamentally reshape the m...

In this episode, Mark Chenoweth and John Vecchione sit down with NCLA Litigation Counsel Casey Norman to break down a major regulatory win: stopping FERC’s sweeping “Duty of Candor” rule before it ever hit the books. The proposed rule would have allowed the Federal Energy Regulatory Commission to punish any speaker — from corporations to ordinary citizens — for any statement, email, or phone call...

In this episode, Casey Norman joins Mark Chenoweth and John Vecchione to unpack BASE Access, et al. v. National Park Service , a remarkable case about whether a federal agency can criminalize BASE jumping in national parks without any clear authorization from Congress. For nearly 50 years, the National Park Service has treated BASE jumping as a crime—even though the regulation they rely on was wri...

Senior Litigation Counsel Russ Ryan joins Mark Chenoweth and John Vecchione to break down Barton v. SEC , a newly filed cert petition that challenges the SEC’s practice of using court-appointed receivers to seize assets, run companies, and even sue third parties—all without clear statutory authority. Russ explains how these ad-hoc receiverships raise serious Appointments Clause , separation-of-pow...

In this episode of Unwritten Law , Mark Chenoweth and John Vecchione welcome Margot Cleveland to unpack the Supreme Court case Trump v. Slaughter , a historic challenge to whether the President can remove commissioners of the Federal Trade Commission at will. They walk through the key amicus briefs, Professor Caleb Nelson’s arguments, and Philip Hamburger’s response in the Yale Journal on Regulati...

Mark Chenoweth and John Vecchione recap the 2025 Federalist Society National Lawyers Convention , offering candid insight into what made this year’s gathering different. From Judge Andy Oldham’s powerful Barbara Olson Lecture to unexpected debate pairings and shifts in programming philosophy, they break down where the convention excelled — and where it missed opportunities. They discuss the tensio...

John Vecchione sits down with Kara Rollins to explore her recent piece in the Yale Journal on Regulation titled “Necessary” Discretion: A Primer for Non-Lawyers . They delve into what it really means when legislatures grant agencies the authority to act when something is “necessary,” how courts interpret these trigger‐words, and why this matters for administrative power. From the Spending Clause t...

Senior Litigation Counsel Margaret Harker joins Mark Chenoweth and John Vecchione to unpack the House Oversight Committee’s auto-pen investigation — a 100-page probe that raises serious questions about President Biden’s cognitive fitness, missing decision records, and last-minute pardons allegedly authorized via an auto-pen rather than by the President himself. They discuss the committee’s referra...

Mark Chenoweth and John Vecchione welcome NCLA Senior Litigation Counsel Russ Ryan for a jaw-dropping judicial-ethics cases. A Texas judge—currently presiding over a live case—has written three novels featuring characters bearing striking resemblance of herself and on one of the actual litigants before her. The fictional version of the real-life businessman is cast as a villain. The case is Donder...

Fresh from the Supreme Court, Mark Chenoweth , John Vecchione , and Andy Morris break down oral arguments in the Trump tariffs case — a landmark challenge over whether the president can impose tariffs under the International Emergency Economic Powers Act (IEEPA). John and Andy share what they saw in the courtroom, how the justices responded, and why this case could redefine the limits of executive...

In this episode of Unwritten Law , Mark Chenoweth and John Vecchione welcome NCLA’s new Senior Litigation Counsel, Jacob Huebert , to unpack Trump v. Cook — a landmark Supreme Court case testing whether the president can fire a Federal Reserve governor at will. They dive into the constitutional roots of Article II, what it means for presidential authority, and why the Fed’s independence might not...

The Supreme Court is set to hear Trump v. Slaughter , a landmark case that could finally overturn Humphrey’s Executor —the 1935 decision that created “independent” federal agencies beyond presidential control. Mark Chenoweth and John Vecchione are joined by NCLA’s Margot Cleveland, principal author of NCLA's amicus brief, to explain why this case could restore accountability to the executive branc...

Mark Chenoweth and John Vecchione are joined by NCLA’s Andy Morris to discuss one of the most consequential Supreme Court cases of the term — whether the president can impose tariffs under the International Emergency Economic Powers Act (IEEPA). They unpack the history of emergency powers, Congress’s exclusive authority to levy taxes, and how past presidents have tested these limits. From Roosevel...

In part two of Unwritten Law’s conversation with John Malcolm and Professor Josh Blackman , hosts Mark Chenoweth and John Vecchione explore the deeper substance of The Heritage Guide to the Constitution, Third Edition . The group discusses Justice Samuel Alito’s foreword, the “Mount Rushmore of Originalism,” and the evolution of constitutional thought from the Founding era to today. From the confr...

In this episode of Unwritten Law , Mark Chenoweth and John Vecchione sit down with John Malcolm and Professor Josh Blackman to discuss The Heritage Guide to the Constitution, Third Edition —a monumental, fully revised collection of essays from more than 150 scholars and judges. Discover how this project reshapes the study of originalism, why it matters to lawyers, students, and citizens, and how i...

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 NCL...

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 Supr...

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 ba...

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.

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.

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 fol...

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.

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 h...

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.