NIH v. American Public Health Association—Can a President Cancel $800M in Grants?
In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack the Supreme Court’s split, middle-of-August orders in NIH v. American Public Health Association: five justices allowed the administration to cancel roughly $800 million in NIH research grants, while a different five blocked forward-looking guidance. They break down the dueling lineups, Gorsuch and Kavanaugh’s warning to lower courts to follow controlling precedent, and why the proper remedy for canceled grants may lie in the Court of Federal Claims rather than the APA. The conversation hits standing, separation of powers, and what this signals for future fast-track fights over federal spending and executive authority.
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17:02
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17:02
Who Can Appoint a U.S. Attorney? Vacancies Act, Appointments Clause, and the New Jersey Ruling
In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack a 77-page district-court opinion from New Jersey that halted prosecutions because the U.S. Attorney was improperly installed under the Federal Vacancies Reform Act.They walk through the 120-day interim limit, the “PAS officer” and 90-day service requirements, and the debate over whether a U.S. Attorney is a principal or inferior officer under the Appointments Clause—including the thorny question of courts appointing executive officials. The discussion covers why the indictments weren’t tossed, what an appeal to the Third Circuit could look like, how Senate confirmation gridlock fuels these fights, and the broader stakes for separation of powers, prosecutorial accountability, and constitutional governance.
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21:29
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21:29
Rule 28(j) or Political Theater? DOJ’s Tariff Letter in V.O.S. Selections, Inc. v. Trump
In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione dissect DOJ’s unusual Rule 28(j) filing in the Federal Circuit tariff appeal, V.O.S. Selections, Inc. v. Trump. They explain what 28(j) is actually for (post-argument new legal authority), why citing news reports and seeking a broad stay misses the mark, and how using IEEPA as a tariff statute raises serious constitutional concerns. The discussion walks through stay standards (likelihood of success, irreparable harm, public interest), the administration’s “agreement” claims, and the practical stakes for importers, small businesses, and constitutional trade authority.
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13:24
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13:24
NY State Supreme Court Scraps Illegal Fine Against Trump
In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA's Greg Dolin to unpack the New York Appellate Division’s 323-page ruling in the civil fraud case against Donald Trump. They break down why calling a half-billion-dollar penalty “disgorgement” doesn’t fly without ill-gotten gains, how the Eighth Amendment’s Excessive Fines Clause comes into play, and why the Attorney General’s theory stretches New York fraud beyond traditional reliance and harm. The discussion also covers the opinion’s treatment of attorney sanctions, what could happen on further appeal, and what this all means for due process, economic liberty, and doing business in New York—especially under the capacious terms of New York Executive Law § 63(12).
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22:07
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22:07
Stewart v. Walz: When a Professor’s Speech Becomes Grounds for Termination
In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA Litigation Counsel Jenin Younes to unpack her recent oral argument in Stewart v. Walz.The case challenges a Minnesota college’s decision to fire a professor who refused to comply with COVID-19 mandates—and openly explained his objections to students.The conversation explores how pandemic-era policies collided with the First Amendment, why the district court dismissed the case, and what the outcome could mean for academic freedom, free speech, and constitutional governance nationwide.
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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