Trump’s Tariffs, Emergency Powers, and the Lawsuit No One Else Filed
Is it legal for a president to impose tariffs under emergency powers? In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down NCLA’s latest lawsuit—Simplified v. Trump—challenging new tariffs imposed without congressional approval.Filed on behalf of small business owner Emily Ley, this is the first and only case taking on President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs on goods from China. The statute lets presidents freeze assets or embargo items during a real emergency—but it doesn’t allow tariffs. And it certainly doesn’t authorize the executive branch to sidestep Congress’s clear rules on trade.John explains why this case isn’t just about tariffs—it’s about constitutional limits on executive power, strategic legal choices, and the consequences of letting presidents unilaterally tax Americans under the guise of emergencies.
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22:08
Monarch Madness—Inside NCLA’s 2025 King George III Prize
In this special episode of Unwritten Law, NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by NCLA’s Director of Engagement, Karen Harned, for a behind-the-scenes look at the 2025 King George III Prize. They reveal the “Egregious Eight” still in the running for the prize no one wants to win—awarded annually to the worst violator of Americans’ civil liberties in the administrative state. From Richard Cordray’s student loan fiascos to Jennifer Easterly’s censorship collusion, the matchups are fierce, the stakes are high, and the voter engagement is at an all-time record. Tune in to hear this year’s standout contenders, upsets, and predictions for the Flagrant Four.
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16:23
Injunctions Everywhere—How Courts Are Handling Executive Orders
In this episode of Unwritten Law, NCLA President Mark Chenoweth sits down with Margot Cleveland, Of Counsel at NCLA and Senior Legal Correspondent for The Federalist, to unpack the wave of injunctions stemming from legal challenges to President Trump’s executive orders. Why are federal judges suddenly handing out preliminary injunctions in cases where similar claims struggled to gain traction during prior administrations? From questionable reinstatement orders to shifting standing rules, Mark and Margot explore how courts are approaching separation-of-powers issues—and why these developments matter for constitutional governance.
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18:16
Taxation Without Legislation? The FCC’s $10 Billion Question
Can a federal agency raise billions in fees without Congress ever approving the tax? In this episode of Unwritten Law, host Mark Chenoweth is joined by NCLA’s General Counsel Zhonette Brown to unpack Consumers’ Research v. FCC, a Supreme Court case challenging the constitutionality of the FCC’s Universal Service Fund.What began as a program to help rural and low-income Americans access phone service has morphed into a $10 billion-a-year operation—largely run by a private entity (USAC) the FCC created without congressional authorization. Zhonette breaks down the Fifth Circuit’s ruling, the thorny issues of nondelegation and “taxation by bureaucracy,” and how this case could reshape how much power agencies have to raise and spend money.
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22:49
Injunctions, Mootness, and the Legal Tricks That Shut Down Civil Liberties Lawsuits
Can you really “win” a lawsuit if the court never rules on your case? In this episode of Unwritten Law, Mark Chenoweth and John Vecchione break down two recent developments that make it even harder to hold the government accountable in court.First, they tackle the Supreme Court’s decision in Lackey v. Stinnie, which denied attorney’s fees to plaintiffs who clearly forced a change in state policy—simply because the government mooted the case before final judgment. Then, they unpack President Trump’s new executive order instructing agencies to demand financial bonds from plaintiffs seeking injunctions—adding serious risk to suing the federal government, even in civil liberties cases.
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.
USA