Sachen v. Illinois State Board of Elections - Liberty Justice Center

Sachen v. Illinois State Board of Elections

Illinois is a union state. Public sector unions hold a tight grip on politicians, state and local budgets, and even dictate whether kids can go to school in person.

Illinoisans who have been working hard to fight against the union power monopoly are now facing a new challenge. A ballot measure, Amendment 1, seeks to strengthen the power of both public and private unions by amending the Illinois constitution to make make collective bargaining a “fundamental right.”

But there is one major problem — the measure violates federal law and the U.S. Constitution.

Now, two Chicago Public School teachers and two parents are suing the Illinois State Board of Elections and state officials to ensure Illinois voters do not face an unconstitutional choice at the ballot box this November.

Amendment 1 gives both government and private-sector employees the “fundamental right” to collectively bargain, but the state cannot lawfully give that right to private-sector workers. The National Labor Relations Act (NRLA) exclusively governs private-sector collective bargaining nationwide and preempts state law. And, the NRLA says that private sector workers have a limited right to bargain under certain circumstances and over certain issues, including wages and hours.

The state cannot adopt a measure that conflicts with federal law. The U.S Constitution makes this clear in the Supremacy Clause. And, the state cannot use taxpayer funds for an unconstitutional purpose — in this case, asking Illinoisans to consider an unconstitutional ballot measure.

Attorneys from the Liberty Justice Center and the Illinois Policy Institute are representing Chicago residents who want the illegal amendment removed.

Lead Attorney

Jacob Huebert


Jeffrey M. Schwab

Senior Attorney

To schedule an interview, please contact [email protected]


Sachen v. Illinois State Board of Elections was filed by attorneys at the Liberty Justice Center and the Illinois Policy Institute on April 21, 2022, in the Seventh Judicial Circuit Court in Sangamon County.


Press Release 04/21/2022

Petition and Complaint 04/21/2022

Objection to Petition for Leave to File Taxpayer Action 05/16/2022

Petitioners’ Response to Respondents Jesse White and Susana Mendoza’s Objection to Petition for Leave to File Taxpayer Action 05/18/2022

Order Denying Leave to File Taxpayer Action 05/26/2022

Appellants' Brief and Appendix 07/11/2022

Appellants' Reply Brief 08/03/2022

Opinion 08/26/2022

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