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130 episodes

Can the Government Force You to Join a Private Organization?
08/01/2026 | 29 mins.
In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Counsel Andy Morris to discuss National Association of Wholesaler-Distributors v. Ryan, NCLA's newly filed challenge to Colorado's Producer Responsibility Program for recycling.
The lawsuit isn't about opposing recycling. Instead, it challenges Colorado's decision to replace local recycling systems with a statewide program administered by a private organization—the Circular Action Alliance (CAA)—that businesses must join in order to sell certain products in the state.
Andy explains why NCLA argues the law unlawfully delegates governmental authority to a private entity that can set fees, establish rules, and impose significant consequences on businesses without meaningful public accountability.
The discussion also explores the law's First Amendment implications, due process concerns, the Dormant Commerce Clause, and a provision that prohibits businesses from itemizing these recycling fees on customer receipts. Mark, John, and Andy examine why distributors across the country may bear the costs of Colorado's program and what the lawsuit could mean for the constitutional limits on delegating government power to private organizations.
Can Government Disarm a Synagogue?
07/31/2026 | 18 mins.
In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Senior Litigation Counsel Jacob Huebert to discuss NCLA's newly filed lawsuit challenging Montgomery County, Maryland's ban on firearms in places of worship and within 100 yards of numerous public gathering places.
The case, Silver Spring Jewish Center v. Montgomery County, was filed just days after the ordinance took effect. NCLA argues that the law violates the Second Amendment by making it nearly impossible for law-abiding citizens to exercise their right to bear arms while also interfering with the synagogue's ability to protect its congregation.
Jacob explains why the lawsuit also raises significant First Amendment concerns. The Silver Spring Jewish Center believes that members of its congregation should provide security during worship, consistent with its religious beliefs and practices. NCLA argues that the county's ordinance unlawfully burdens both the free exercise of religion and the autonomy of religious institutions.
The discussion also examines the Supreme Court's recent decision in Wolford v. Lopez, the meaning of "sensitive places" under the Second Amendment, and why NCLA believes Montgomery County has gone far beyond the constitutional limits recognized by the Court.
Should SCOTUS Revisit Its 120-Year-Old Vaccine Precedent?
07/29/2026 | 20 mins.
In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione discuss NCLA's Supreme Court amicus brief in Boysen v. PeaceHealth, a case asking the Court to revisit Jacobson v. Massachusetts, its landmark 1905 vaccine mandate decision.
The conversation examines how Jacobson—which upheld a smallpox vaccination requirement more than a century ago—was relied upon by courts throughout the COVID-19 pandemic to uphold modern vaccine mandates. John explains why NCLA argues that today's courts have expanded Jacobson far beyond its original facts, applying it to vaccines that do not prevent transmission and to mandates carrying consequences far more severe than the modest fine at issue in the 1905 case.
Mark and John also discuss the constitutional right to refuse unwanted medical treatment, the significance of natural immunity, emergency use authorizations, and why they believe the Supreme Court should clarify the limits of Jacobson now—before another public health emergency forces courts to confront these issues under crisis conditions.
The episode explores why Boysen v. PeaceHealth could provide the Court with an important opportunity to define the constitutional boundaries of public health mandates for the modern era.
Can the Government Escape Accountability for Censorship?
07/22/2026 | 22 mins.
In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Casey Norman to discuss NCLA's appeal in Dressen v. Flaherty, a case challenging alleged government-induced censorship during the COVID-19 pandemic.
The plaintiffs include individuals who say they were censored after sharing their personal experiences with COVID-19 vaccine injuries or questioning official public health narratives. Casey explains why NCLA alleges that federal officials, working alongside outside organizations and social media platforms, pressured private companies to suppress constitutionally protected speech.
The discussion focuses on the district court's dismissal of the case on standing and personal jurisdiction grounds, despite detailed allegations drawn from thousands of pages of discovery produced in Missouri v. Biden. Casey explains why NCLA believes plaintiffs should at least be allowed to conduct discovery before their claims are dismissed, and why courts should not require impossible levels of proof at the pleading stage.
Mark, John, and Casey also examine the Fifth Circuit appeal, the role of the Stanford Internet Observatory and the Virality Project, Section 1985(3), and why this case could determine whether Americans have any meaningful judicial remedy when government officials allegedly pressure private platforms to censor speech.
Can Agency Commentary Increase Your Prison Sentence?
07/21/2026 | 13 mins.
In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Casey Norman to discuss Beaird v. United States, a Supreme Court case that could reshape federal criminal sentencing.
At issue is Stinson deference, a doctrine requiring courts to defer to the U.S. Sentencing Commission’s commentary interpreting the federal sentencing guidelines. Unlike the guidelines themselves, that commentary is never approved by Congress and never goes through notice-and-comment rulemaking—yet it can dramatically increase a defendant’s prison sentence.
Casey explains why the case follows naturally from the Supreme Court’s recent decisions limiting administrative deference, including Kisor v. Wilkie and Loper Bright. The discussion explores why courts—not agencies—have the constitutional duty to interpret the law, why due process requires fair notice before liberty is taken away, and why the rule of lenity weighs against expanding criminal punishment through agency interpretation.
Mark, John, and Casey also examine Article III, judicial independence, and why Beaird could become the Court’s next major administrative law decision.

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About Unwritten Law

Every day, unelected federal agencies make decisions that affect your job, your business, your speech, your property, and your constitutional rights—often without Congress ever voting on them. From the rules that govern small businesses to the regulations that shape everyday life, the modern administrative state reaches further than most Americans realize. On Unwritten Law, constitutional lawyers Mark Chenoweth and John Vecchione break down the biggest legal battles involving federal agencies, government overreach, and the Constitution. Each episode explores real cases challenging the expanding power of the administrative state, explaining how these disputes affect ordinary Americans, businesses, and the future of limited government. Whether the topic is the Supreme Court, free speech, property rights, due process, jury trials, executive power, or the separation of powers, Unwritten Law explains the legal issues behind today's biggest constitutional debates in clear, accessible language. You'll hear directly from the attorneys litigating landmark cases, as well as clients whose lives and livelihoods have been changed by unlawful government action. Produced by the New Civil Liberties Alliance (NCLA), Unwritten Law takes listeners behind the headlines to explain how federal agencies exercise regulatory power, how constitutional challenges move through the courts, and why these cases matter—even if you've never stepped inside a courtroom. If you've ever wondered who really writes the rules that govern your life, why unelected bureaucrats hold so much authority, or how the Constitution protects individual liberty, Unwritten Law will give you the context, the legal insight, and the real-world stories behind today's most important fights for civil liberties. Whether you're a lawyer, business owner, public servant, student, or simply someone who wants to better understand how government power affects everyday life, Unwritten Law gives you the legal insight behind the headlines—and the constitutional principles that protect individual liberty. Subscribe each week for conversations about Supreme Court litigation, constitutional law, the administrative state, federal agencies, government accountability, civil liberties, free speech, property rights, due process, separation of powers, regulatory power, and the legal battles shaping the future of American government.

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