Below are summaries of and links to Amicus briefs that Legal Action Chicago has written.
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In 2026, the U.S. Department of Justice challenged Illinois’ Court Access, Safety, and Participation Act (CASPA), a landmark law drafted in part by Legal Action Chicago which protects individuals from civil arrests – including immigration arrests – while traveling to, attending, or leaving state court proceedings. CASPA codified Illinois’ longstanding common-law privilege against civil arrest at courthouses, ensuring that victims, witnesses, parties, attorneys, and family members can participate in the justice system without fear of unrelated civil detention. Together with the MacArthur Justice Center, the Cook County Public Defender’s Office, and a coalition of legal aid, immigrant rights, domestic violence, and community organizations, we filed an amicus brief supporting the State of Illinois. The brief documented how courthouse civil arrests undermine public safety by discouraging victims from seeking orders of protection, preventing witnesses from testifying, disrupting criminal prosecutions, and eroding public confidence in the courts. Drawing on the coalition’s firsthand experience serving survivors of domestic violence, immigrants, and low-income litigants, the brief argued that CASPA preserves meaningful access to justice while reinforcing a centuries-old legal protection recognized under Illinois law. The case remains pending.
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In 2025, the U.S. Court of Appeals for the Seventh Circuit considered whether a presidential executive order requiring federal contractors and grant recipients to certify that they do not operate certain diversity, equity, and inclusion (DEI) programs violated the First Amendment and exceeded the Executive Branch’s authority. The challenged certification provision threatened organizations with the loss of federal funding and potential False Claims Act liability based on an undefined standard governing “illegal DEI” programs. Together with the Institute for Women’s Policy Research, the National Partnership for Women & Families, the Shriver Center on Poverty Law, and Women Employed, we filed an amicus brief supporting Chicago Women in Trades. The coalition explained that workforce development programs designed to expand opportunities for women in the skilled trades address longstanding barriers that continue to limit women’s economic mobility. The appeal remains pending, with the outcome expected to have significant implications for the future of lawful diversity and workforce development initiatives.
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In 2024, the U.S. Supreme Court considered whether the Eighth Amendment prohibits cities from imposing fines or jail time on people experiencing homelessness for sleeping or using blankets in public when no shelter is available. The case arose from ordinances in Grants Pass, Oregon, that effectively criminalized sleeping outdoors for individuals with nowhere else to go. Together with the Shriver Center on Poverty Law and Goldberg Kohn, we filed an amicus brief arguing that the Constitution forbids punishing people for conduct that is both unavoidable and inseparable from the status of being unhoused. Unfortunately, in a 6–3 decision, the Supreme Court ruled for the City of Grants Pass, holding that generally applicable public camping ordinances do not violate the Eighth Amendment’s prohibition on cruel and unusual punishment, even when enforced against people experiencing homelessness.
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After the Illinois Commerce Commission adopted an historic set of low-income discount rates for gas utility service in 2023, only one utility – downstate Illinois’ Ameren – appealed. Legal Action Chicago and Community Organizing and Family Issues (supported by the National Consumer Law Center) teamed up to file an amicus brief arguing that the Illinois Commerce Commission (ICC) had acted lawfully in adopting these impactful anti-poverty programs. The Fifth District ultimately did not hold that the programs were unlawful, but did remand the case back to the ICC for additional factfinding, in 2025 IL App (5th) 240014. On remand, the ICC sided with Legal Action Chicago and adopted an impactful discount rate program for Ameren’s gas customers that is now in effect.
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The Chicago City Council voted 32-17 to put a measure on the City’s 2023 municipal election ballot, asking voters whether or not to adopt a progressive real estate transfer tax that, if approved, would be used to fund expanded homelessness services. However, when a real estate trade association sued to get the measure tossed from the ballot – and a circuit court judge initially agreed – Legal Action Chicago stepped in to support the City’s appeal in the First District Appellate Court. We filed an amicus brief on behalf of a group of more than 100 community organizations, elected officials, and religious groups, demanding that the Appellate Court reinstate the ballot measure based on longstanding precedent ignored in the lower court. Ultimately the measure was reinstated, though the voters did not pass it on election day.
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In 2022, in partnership with First Defense Legal Aid, Legal Action Chicago filed its first amicus brief in support of the appeal of Wayne Washington, a wrongfully convicted police torture survivor who – after spending more than a decade in prison – was denied access to a “Certificate of Innocence” because he’d been coerced into pleading guilty. Our brief argued that Illinois’ Certificate of Innocence statute did not bar those who pled guilty from receiving relief where later, undisputed evidence showed that they were innocent and highlighted the many economic consequences of courts misinterpreting this state law (including barriers to accessing housing and public benefits). The Illinois Supreme Court ultimately sided with Mr. Washington and our arguments in a 2023 decision, 2023 IL 127952.