{"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":"Justice Thomas's Warning to Federal Agencies","slug":"justice-thomas-s-warning-to-federal-agencies","published_at":"2026-07-02T13:00:00+00:00","page_url":"https://stenobird.com/podcast/unwritten-law-7233280/justice-thomas-s-warning-to-federal-agencies","show_page_url":"https://stenobird.com/podcast/unwritten-law-7233280","url":"https://unwritten-law.captivate.fm/episode/justice-thomass-warning-to-federal-agencies","audio_url":"https://episodes.captivate.fm/episode/aa532c85-353a-4a33-b4af-6f3bb63508b6.mp3","summary":"In this episode of Unwritten Law , NCLA Senior Litigation Counsel John Vecchione is joined by Staff Counsel Christian Clase to discuss a remarkable concurrence by Justice Clarence Thomas in a recent Supreme Court case involving Roundup, pesticide regulation, and federal preemption. Although the Court's decision focused on whether federal law preempts state-law failure-to-warn claims, Justice Thomas used his concurrence to highlight a much broader set of constitutional concerns. His opinion raises questions about Congress's Commerce Clause authority, the constitutionality of broad delegations of power to administrative agencies, and whether federal agency actions should be capable of preempting state law at all. John and Christian examine Thomas's critique of modern administrative governance, including his concern that agencies can effectively create rules carrying civil and criminal consequences while exercising powers traditionally reserved to Congress. The discussion also explores Thomas's argument that agency action does not fit neatly within the Constitution's Supremacy Clause, why he views administrative preemption as constitutionally suspect, and how his opinion may serve as a roadmap for future constitutional challenges. The episode offers a deep dive into one of the most important administrative law concurrences of the term and what it could mean for the future of agency power.","meta_description":"In this episode of Unwritten Law , NCLA Senior Litigation Counsel John Vecchione is joined by Staff Counsel Christian Clase to discuss a remarkable concur…","key_points":[],"chapters":[],"topics":[],"duration_seconds":876,"processing_state":"not_requested","actions":[{"name":"request_transcript","method":"POST","url":"https://stenobird.com/v1/public/podcasts/unwritten-law-7233280/episodes/justice-thomas-s-warning-to-federal-agencies/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/justice-thomas-s-warning-to-federal-agencies.md","description":"Read the agent-friendly Markdown representation of this episode resource."}]}}