Episode 42

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Published on:

26th Aug 2025

Rule 28(j) or Political Theater? DOJ’s Tariff Letter in V.O.S. Selections, Inc. v. Trump

In this episode of Unwritten Law, hosts Mark Chenoweth and John Vecchione dissect DOJ’s unusual Rule 28(j) filing in the Federal Circuit tariff appeal, V.O.S. Selections, Inc. v. Trump. They explain what 28(j) is actually for (post-argument new legal authority), why citing news reports and seeking a broad stay misses the mark, and how using IEEPA as a tariff statute raises serious constitutional concerns. The discussion walks through stay standards (likelihood of success, irreparable harm, public interest), the administration’s “agreement” claims, and the practical stakes for importers, small businesses, and constitutional trade authority.

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About the Podcast

Unwritten Law
NCLA Podcast About Administrative Law
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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New Civil Liberties Alliance

For over a century, unlawful administrative power has gradually displaced the Constitution’s avenues for lawmaking and justice. Although we still enjoy the shell of our Republic, there has developed within it a very different sort of government—a type, in fact, that the Constitution was designed to prevent. The unconstitutional Administrative State is the focus of NCLA’s concern.