Separation of Powers
The separation of powers is not merely a constitutional prescription—it is the very architecture through which a free and flourishing civil society operates. By dividing governmental functions among distinct branches, it creates the procedural “how” that channels authority, protects individual rights, and sustains public trust.
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands … may justly be pronounced the very definition of tyranny.”
James Madison
Victory! Appeals Court Agrees with Landmark – Rules Congress can Defund Planned Parenthood
On December 12, in a 3-0 decision, the U.S. Court of Appeals for the First Circuit a lower court order halting enforcement of provisions of the Big Beautiful Bill (“BBB”) that had blocked Planned Parenthood and its affiliates from receiving Medicaid funding. Provisions of the BBB stipulated that organizations such as Planned Parenthood would not […]
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Landmark battles NEA!
On July 18, Landmark filed a brief in federal district court in National Education Association v. Department of Education, defending the Trump administration’s efforts to rid our schools of DEI programs. Landmark’s longtime adversary, the National Education Association (NEA), filed a lawsuit against the Department of Education in response to a Dear Colleague Letter issued on February 14th. […]
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SB1 Stands: U.S. Supreme Court Affirms Tennessee Law Banning Gender Surgeries for Children
June 19, 2025
On June 18, the U.S. Supreme Court upheld Tennessee’s Senate Bill 1 (SB1), ruling that the state may lawfully prohibit medical procedures when the purpose of those proced...
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Supreme Court Temporarily Permits Trump to Fire Two “Independent” Agency Heads
May 25, 2025
President Trump had a recent victory in his ongoing battle to assert control over the federal bureaucracy. On May 23, the U.S. Supreme Court stayed an order fro...
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How Did We Get Into This Universal Injunctions Mess?
May 22, 2025
The debate over universal injunctions reached one of its highest points last week as the Supreme Court considered oral arguments in Trump v. CASA, Inc....
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Supreme Court Seems Open to Limiting Universal Injunctions, But Skeptical of Curbing Birthright Citizenship
May 16, 2025
On May 15, the U.S. Supreme Court heard oral arguments in Trump v. CASA, Inc., a consolidation of three cases involving President Trump’s January 20, 2025, Executive...
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Federal Judge Halts Trump’s Birthright Citizenship Executive Order
January 24, 2025
On January 23, a federal district court in Seattle, WA granted a temporary restraining order to Washington, Arizona, Illinois, and Oregon to halt the enforcemen...
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Supreme Court OK’s Congress’s TikTok Ban
January 17, 2025
The Supreme Court has unanimously decided that the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), also known...
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Landmark, Former Independent Counsel Ray, and Professors Blackman and Tillman File Amicus Brief in Special Counsel Appeal
October 2, 2024
Josh Blackman, a constitutional law professor at South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and President of the Harlan Institute, writ...
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Landmark Files an Amicus Brief in Consumers’ Research v. Consumer Product Safety Commission
July 20, 2024
Yesterday, Landmark filed an amicus brief in a case called Consumers’ Research v. Consumer Product Safety Commission. Consumers’ Research is challenging the co...
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