Relentless Post-Chevron—Is the Administrative State Still Winning?
In this episode of Unwritten Law, NCLA’s Mark Chenoweth, John Vecchione, and Kara Rollins are joined by Professor Eric Bolinder (Liberty University), former counsel in the landmark Loper Bright case.They analyze the disappointing outcome in the closely watched Relentless case, where fishermen still face mandatory fees for onboard government observers—even after Chevron deference was overturned.Professor Bolinder explains why the court’s decision ignored critical textual arguments, conflated statutory interpretation with deferential review, and risked perpetuating the very administrative power the Supreme Court sought to curb. The group also discusses new settlement negotiations in the related Loper Bright litigation and its implications for future administrative law battles.Key topics: Administrative state, Chevron deference, statutory interpretation, APA review standards, fishing regulations, and Supreme Court oversight of agency power.
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23:22
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23:22
Kennedy v. Braidwood—Did the Supreme Court Just Expand Unelected Agency Power?
In this episode of Unwritten Law, guest host Andy Morris, NCLA Senior Litigation Counsel, is joined by constitutional law expert Josh Blackman to unpack the Supreme Court’s recent ruling in Kennedy v. Braidwood Management. The case challenged the appointments process of the HHS’s U.S. Preventive Services Task Force—a panel deciding which preventive healthcare services insurers must provide without cost. Josh explains why the ruling, which upheld these appointments, raises critical concerns about political accountability and constitutional limits on agency power.Together they explore implications for the Appointments Clause, agency independence, and the broader separation-of-powers battle playing out at the Supreme Court.Key topics: Appointments Clause, administrative law, Obamacare, independent agencies, and separation of powers.
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15:32
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15:32
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.
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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