Unanimous and Surprising—Supreme Court Cases You Didn't Expect
In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione analyze a remarkable set of unanimous Supreme Court rulings—authored by Justices Jackson, Kagan, and Sotomayor—in cases involving discrimination standards, gun manufacturer liability, and religious freedom. John explains why these once-controversial topics produced unanimous decisions and what this reveals about the lasting impact of the textualist-originalist judicial movement. Mark and John discuss the broader implications for lower courts and future litigation, the strategic timing of these rulings, and why these decisions signal a shift in the court’s interpretive approach.
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14:24
Tariffs vs. Small Business—Simplified’s Battle Against Executive Power-Grab
In this special episode of Unwritten Law, NCLA's Mark Chenoweth and John Vecchione are joined by Andy Morris, NCLA Senior Litigation Counsel, and Emily Ley, founder and CEO of Simplified—the small business challenging the Biden administration’s sudden and shifting tariff policies. Emily shares how abrupt, emergency-based tariffs imposed under the International Emergency Economic Powers Act (IEEPA) have harmed her business, creating massive uncertainty and escalating costs overnight.Andy explains why NCLA argues these tariffs are unlawful—exceeding executive power and bypassing Congress’s established trade laws. Together, they explore the real-world impact on American entrepreneurs, the dubious national-security justifications provided by the government, and what's next as the fight moves forward in court.
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27:35
Fired Up—Can the President Slash the Federal Workforce?
In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione dive into a dramatic legal battle over the president's power to reduce the federal workforce. A federal district judge recently blocked President Trump’s sweeping Reduction in Force (RIF), claiming it undermines Congress’s intent for certain agencies to function properly. Solicitor General John Sauer has appealed to the Supreme Court to overturn this ruling. Mark and John explore the constitutional tensions, justiciability questions, and historical precedents involved, highlighting how this case could reshape executive authority, civil service protections, and separation-of-powers dynamics.
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14:04
The Waiver Wars—Congress, California, and the Fight Over Emissions Rules
In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione explore a major development in Congress involving the Congressional Review Act (CRA).The Senate is preparing to vote on whether to overturn California’s EPA waiver, which allows the state to impose stricter vehicle emissions standards than the federal government. Mark and John break down why this obscure but powerful legislative tool matters, how California’s rules affect carmakers and consumers nationwide, and why this CRA vote could set up a legal showdown with sweeping consequences.They also discuss how a little-known clause banning “substantially similar” regulations could haunt future agency actions—and why this case might finally test that theory in court.
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19:31
Can One Judge Halt a Law? Inside the Supreme Court Fight Over Nationwide Injunctions
In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione unpack the recent Supreme Court oral argument in a high-stakes case involving nationwide injunctions—and a controversial executive order on birthright citizenship.John reports from inside the courtroom, where justices wrestled with the limits of judicial power, class actions, and whether a single district court can block federal policies across all 50 states. The conversation explores historical precedent, state standing, class certification workarounds, and why the Court may be looking for a narrow path forward. With sharp analysis, this episode reveals how one obscure procedural tool could reshape constitutional litigation.
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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