FCC vs. Consumers' Research—Did the Supreme Court Just Greenlight Unlimited Agency Fees?
In this episode of Unwritten Law, NCLA's John Vecchione and Zhonette Brown break down the recent Supreme Court decision in FCC v. Consumers' Research, a crucial non-delegation doctrine case.Zhonette explains the controversial ruling that allows the Federal Communications Commission (FCC) to set fees—arguably taxes—without explicit congressional limits. They discuss the implications of the Court’s continued adherence to the "intelligible principle" test, the unresolved confusion between fees and taxes, and the concerning delegation of rate-setting power to private entities. John and Zhonette explore why this ruling may have broader implications for administrative power, taxation, and congressional accountability.Key topics: Non-delegation doctrine, intelligible principle test, fee vs. tax debate, FCC authority, and recent Supreme Court rulings on administrative overstep.
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15:51
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15:51
Chaos at CPSC—Trump, Humphrey’s Executor, and the Future of Independent Agencies
In this compelling episode of Unwritten Law, NCLA’s John Vecchione is joined by litigation counsel Kara Rollins to discuss the unprecedented turmoil at the Consumer Product Safety Commission (CPSC). Following President Trump’s firing of three Democratic commissioners, a dramatic court battle erupted, spotlighting the controversial Humphrey’s Executor precedent and sparking an existential debate about the independence and accountability of federal agencies. Kara and John delve into the explosive details of the Dreamland Baby v. CPSC case, the reinstatement controversy, and why this litigation may force the Supreme Court to clarify—or overturn—the longstanding limits on presidential removal power.Key topics: Humphrey’s Executor, independent agencies, unitary executive, CPSC litigation, separation of powers, and recent administrative-law upheavals.
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19:35
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19:35
FBI Wrong-House Raid—Supreme Court Checks Federal Immunity in Martin v. United States
In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione are joined by litigation counsel Casey Norman to discuss the Supreme Court ruling in Martin v. United States. The case arose from a terrifying FBI wrong-house raid that left an innocent family traumatized and with few options for redress. Casey explains how the Court clarified the scope of the Federal Tort Claims Act (FTCA), rejecting the Eleventh Circuit’s expansive interpretation of federal immunity. They discuss how this decision strengthens property rights, limits governmental power, and restores accountability when federal agents violate citizens' liberties.Key topics include the discretionary-function exception, the intentional-tort proviso, qualified immunity, and the critical role the FTCA plays in checking executive branch abuses.
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14:23
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14:23
One Year After Chevron—How Loper Bright & Relentless Changed Administrative Law
In this special anniversary episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione discuss the landmark Supreme Court ruling in Loper Bright & Relentless v. Department of Commerce, marking one year since Chevron deference was overturned. They examine how this pivotal decision reshaped judicial review, empowered textualism, and curbed administrative excess across multiple cases, from net neutrality to FDA overreach. John highlights the ongoing impacts of the ruling, including Congress’s legislative responses and recent decisions limiting executive power, while exploring whether the administrative state has truly been restrained—or if more work remains.Topics include: Chevron deference, administrative law reform, judicial independence, regulatory accountability, and the latest developments in major administrative law cases.
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20:04
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20:04
Coinbase, IRS, and Your Privacy—Will the Supreme Court End the Third-Party Doctrine?
In this episode of Unwritten Law, NCLA’s Mark Chenoweth and John Vecchione discuss the latest developments in Harper v. IRS, a privacy case currently pending at the U.S. Supreme Court. At stake is the controversial “third-party doctrine,” a 1970s-era legal theory allowing agencies like the IRS to access your private financial data without a warrant, simply because it’s held by third parties—like Coinbase. John breaks down the troubling implications, explains why the doctrine no longer fits the digital age, and outlines NCLA’s arguments as they await a critical decision from the Justices. This case could redefine your right to privacy in a world where nearly all personal information is shared with third parties.
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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