Judicial Impartiality Meets Fiction: Inside the Dondero Recusal Petition
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 Dondero v. Jernigan, raising fundamental questions about impartiality.Russ walks through the surreal facts and NCLA’s concise but impactful amicus brief urging the Court to fix the problem.This is an episode you do not want to miss.
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16:17
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16:17
Inside the Supreme Court: Trump’s Tariff Case and the Limits of Executive Power
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 authority. From Justice Kagan’s sharp textual questions to Justice Kavanaugh’s deference to presidential power, the episode captures the day’s biggest moments — and what they reveal about the future of constitutional checks and balances.
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32:18
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32:18
Can the President Fire Lisa Cook? Trump v. Cook and Executive Power
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 be as untouchable as some believe.
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20:31
Trump, the FTC, and the Fight Against the Headless Fourth Branch
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 branch and rein in the modern administrative state. From the origins of the FTC to the constitutional power of removal under Article II, this episode unpacks how the Court’s decision could reshape the balance of power in Washington.
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29:43
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29:43
Tariffs on Trial: The Supreme Court Weighs Presidential Power
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 Roosevelt’s bank closures to Trump’s trade wars, this episode explores why the Constitution clearly puts tariff authority in Congress’s hands — not the Oval Office.
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.
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