{"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":"The Supreme Court’s Emergency Docket Turns Ten","slug":"the-supreme-court-s-emergency-docket-turns-ten","published_at":"2026-02-22T14:00:00+00:00","page_url":"https://stenobird.com/podcast/unwritten-law-7233280/the-supreme-court-s-emergency-docket-turns-ten","show_page_url":"https://stenobird.com/podcast/unwritten-law-7233280","url":"https://unwritten-law.captivate.fm/episode/the-supreme-courts-emergency-docket-turns-ten","audio_url":"https://episodes.captivate.fm/episode/2a261e0d-d7ec-4f35-81a5-23e8e2d038c3.mp3","summary":"In this episode of Unwritten Law , NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione mark the ten-year anniversary of what’s often called the Supreme Court’s “emergency docket”—sometimes labeled the “shadow docket”—and examine how it has reshaped constitutional litigation. Mark and John explain what the emergency docket is, how it differs from merits decisions, and why its modern form is often traced to the Supreme Court’s 2016 decision to stay the Obama Administration’s Clean Power Plan. They discuss why emergency relief can be critical to preventing irreversible “fait accompli” outcomes when executive action races ahead of judicial review. The conversation also explores debates sparked by critics of the emergency docket, the confusion it can create for lower courts, and whether decisions issued without full opinions should bind judges below. Along the way, Mark and John reflect on the legacy of Justice Antonin Scalia—whose final vote played a key role in the Clean Power Plan stay—and how his jurisprudence continues to influence debates over judicial power, originalism, and the proper limits of the administrative state.","meta_description":"In this episode of Unwritten Law , NCLA President Mark Chenoweth and Senior Litigation Counsel John Vecchione mark the ten-year anniversary of what’s ofte…","key_points":[],"chapters":[],"topics":[],"duration_seconds":1558,"processing_state":"not_requested","actions":[{"name":"request_transcript","method":"POST","url":"https://stenobird.com/v1/public/podcasts/unwritten-law-7233280/episodes/the-supreme-court-s-emergency-docket-turns-ten/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/the-supreme-court-s-emergency-docket-turns-ten.md","description":"Read the agent-friendly Markdown representation of this episode resource."}]}}