{"podcast":{"title":"Unwritten Law","slug":"unwritten-law-7233280","podcast_index_feed_id":7233280,"rss_url":"https://feeds.captivate.fm/unwritten-law/","website_url":"https://nclalegal.org/media/unwritten-law/","image_url":"https://artwork.captivate.fm/4e6a8de9-fe92-45b5-9f8f-906c310aa90c/8tfnSzWGybasy_xFa3_tP4Hx.jpg","author":"Mark Chenoweth & John Vecchione","episode_count":129,"summary":"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 Liberti…","last_synced_at":"2026-08-01T16:20:49.476532+00:00","page_url":"https://stenobird.com/podcast/unwritten-law-7233280"},"episode":{"title":"Can Congress Let EPA Pick Winners and Losers?","slug":"can-congress-let-epa-pick-winners-and-losers","published_at":"2026-06-14T13:00:00+00:00","page_url":"https://stenobird.com/podcast/unwritten-law-7233280/can-congress-let-epa-pick-winners-and-losers","show_page_url":"https://stenobird.com/podcast/unwritten-law-7233280","url":"https://unwritten-law.captivate.fm/episode/can-congress-let-epa-pick-winners-and-losers","audio_url":"https://episodes.captivate.fm/episode/a14860f0-99c9-4673-8cc4-d00511ecd33b.mp3","summary":"In this episode of Unwritten Law , NCLA President and Chief Legal Officer Mark Chenoweth, Senior Litigation Counsel John Vecchione, and General Counsel Zhonette Brown discuss NCLA's recently filed reply brief in Choice Refrigerants v. EPA , a case asking the U.S. Supreme Court to revisit the nondelegation doctrine. The conversation focuses on a fundamental constitutional question: Can Congress hand an agency virtually unlimited discretion to decide which companies receive valuable market allocations—and which do not? Zhonette explains why the government's response brief and supporting industry briefs point to different alleged \"intelligible principles,\" highlighting what NCLA argues is the complete absence of any meaningful statutory guidance. The discussion also explores why notice-and-comment rulemaking is not a substitute for legislative accountability and why decisions affecting entire industries should be made by Congress—not unelected administrators. Mark, John, and Zhonette also compare the case to other recent Supreme Court administrative law decisions, discuss the support of 21 states and numerous public-interest organizations, and explain why they believe Choice Refrigerants presents an ideal vehicle for the Court to strengthen the nondelegation doctrine. With the petition scheduled for the Supreme Court's June 18 conference, the episode offers an inside look at one of NCLA's most significant constitutional cases.","meta_description":"In this episode of Unwritten Law , NCLA President and Chief Legal Officer Mark Chenoweth, Senior Litigation Counsel John Vecchione, and General Counsel Zh…","key_points":[],"chapters":[],"topics":[],"duration_seconds":1124,"processing_state":"not_requested","actions":[{"name":"request_transcript","method":"POST","url":"https://stenobird.com/v1/public/podcasts/unwritten-law-7233280/episodes/can-congress-let-epa-pick-winners-and-losers/transcription-requests","description":"Idempotently request low-priority transcript generation for this episode."},{"name":"read_markdown","method":"GET","url":"https://stenobird.com/podcast/unwritten-law-7233280/can-congress-let-epa-pick-winners-and-losers.md","description":"Read the agent-friendly Markdown representation of this episode resource."}]}}