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.

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.

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione unpack John’s recent Wall Street Journal op-ed calling for the abolition of CIGIE—the Council of the Inspectors General on Integrity and Efficiency.

This obscure-sounding bureaucracy wields outsized power, launching secretive investigations that can derail careers with zero presidential oversight or Senate confirmation. The kicker? Even the President can’t rein them in. Mark and John explain why CIGIE violates the Constitution’s separation of powers and how this self-perpetuating entity operates outside meaningful checks and balances.

Who really controls the executive branch? In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione break down a high-stakes legal battle over presidential power—Trump’s firing of Hampton Dellinger as head of the Office of Special Counsel.

The case sparked a fierce debate over whether the president can remove executive officials at will or if statutory “for-cause” protections limit his authority. The team unpacks Judge Amy Berman Jackson’s controversial injunction, the D.C. Circuit’s swift reversal, and why Supreme Court precedent—Seila Law and Collins—made this a clear win for Trump.

Are vaccine mandates constitutional? In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Jenin Younes to discuss Health Freedom Defense Fund v. Carvalho, a critical case before the Ninth Circuit challenging Los Angeles Unified School District’s COVID-19 vaccine mandate.

The lawsuit questions whether government agencies can force employees to take a non-sterilizing vaccine—one that does not stop transmission—under the long-misinterpreted Jacobson v. Massachusetts precedent. The team unpacks why Jacobson doesn’t justify rubber-stamping mandates, how courts have misapplied it for decades, and what this case could mean for future public health policies.

Does the IRS have the right to seize your financial records—without a warrant, without suspicion, and without you even knowing? In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Sheng Li to discuss Harper v. IRS, a Supreme Court petition challenging the government’s warrantless search of cryptocurrency users’ financial records.

Sheng explains how the IRS demanded Coinbase hand over customer data—without any evidence of wrongdoing—and why the case could reshape the Fourth Amendment’s “third-party doctrine.” The team also covers a major legal victory in the fight against Biden’s illegal student loan forgiveness plan and the chaos it has created for borrowers.

Is it a crime to jump off a cliff in a national park? The National Park Service seems to think so. In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Casey Norman to discuss NCLA’s 100th case—a legal challenge to the Park Service’s unconstitutional ban on base jumping.

The lawsuit exposes a bigger issue: how unelected bureaucrats create criminal laws without congressional approval. From vague regulations to arbitrary enforcement, this case isn’t just about adventure sports—it’s about stopping executive agencies from making up the rules as they go.

Should the government be able to deny you a jury trial for a criminal charge? Unwritten Law hosts Mark Chenoweth and John Vecchione sit down with NCLA’s Jenin Younes to discuss Lesh v. United States, a case that could force the Supreme Court to reconsider its long-standing “petty offense” exception to the Sixth Amendment’s jury trial guarantee.

Jenin breaks down how a skier and Instagram influencer ended up facing federal charges—and why two Tenth Circuit judges think the Supreme Court needs to revisit its precedent.

The team also dives into the latest case challenging government surveillance of fishermen in Washington State.

Welcome to the inaugural episode of Unwritten Law, the New Civil Liberties Alliance’s podcast exposing unlawful administrative power. Hosts Mark Chenoweth and John Vecchione kick off the series by breaking down the Supreme Court’s landmark Loper Bright and Relentless rulings, which dismantled Chevron deference.

What happens next in the fight against bureaucratic overreach? How will courts interpret statutes now that agencies can’t dictate the meaning? Mark and John unpack the latest legal developments, preview key cases ahead, and explain why unwritten laws affect every American.