No. 24-1115

Reuben D. Walker, et al. v. Andrea Lynn Chasteen, as Clerk for the Circuit Court of Will County and as a Representative of All Clerks of the Circuit Courts of All Counties in Illinois, et al.

Lower Court: Illinois
Docketed: 2025-04-28
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-interpretation judicial-review legislative-deference state-immunity supremacy-clause takings-clause
Key Terms:
Takings
Latest Conference: 2025-06-26
Question Presented (AI Summary)

May state courts ignore the Supremacy and Takings Clauses of the U.S. Constitution as interpreted by this Court based on arguably contrary provisions of state law?

Question Presented (OCR Extract)

In January of 2025, the Illinois Supreme Court in Walker v. Chasteen , 2025 IL 130288, based exclusively on a state immunity statute, held that courts were powerless to order the State of Illinois to return $102 million in filing fees taken from its citizens under legislation the same court had held facially unconsti tutional and void ab initio . It did so by explicitly resurrecting the primacy of state law over the U.S. Constitution, thereby rejecting its obligation to follow this Court’s interpretation of the Takings Clause in Tyler v. Hennepin County , 598 U.S. 631 (2023). The Illinois Supreme Court compounded its disregard for the primacy of the Constitution by abandoning the obligation of the courts to enforce Petitioners’ constitutional rights, instead telling the Petitioners to seek a refund of the unconstitutional court filing fees from a legislative agency. Accordingly, the questions presented are : 1. May state courts ig nore the Supremacy and Takings Clauses of the U.S. Constitution as interpreted by this Court based on arguably contrary provisions of state law? 2. May state courts ignore their obligation to interpret and order compliance with the U.S. Constitution and defer that role to the legislative branch of government?

Docket Entries

2025-06-30
Petition DENIED.
2025-06-10
DISTRIBUTED for Conference of 6/26/2025.
2025-05-27
Waiver of right of respondent Clerk of the Circuit Court of Cook County, Illinois to respond filed.
2025-05-27
Waiver of right of respondents Candice Adams, et al. to respond filed.
2025-05-23
Waiver of Andrea Lynn Chasteen, Clerk of the Circuit Court of Will County of right to respond submitted.
2025-05-23
Waiver of right of respondent Andrea Lynn Chasteen, Clerk of the Circuit Court of Will County to respond filed.
2025-04-23
Petition for a writ of certiorari filed. (Response due May 28, 2025)

Attorneys

Andrea Lynn Chasteen, Clerk of the Circuit Court of Will County
Gary Scott PylesWill County State's Attorneys Office, Respondent
Candice Adams, et al.
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Respondent
Clerk of the Circuit Court of Cook County, Illinois
Jonathon Delmar ByrerCook County State's Attorney's Office, Respondent
Reuben D. Walker, et al., Individually and on Behalf of Themselves and for the Benefit of the Taxpayers and on Behalf of All Other Individuals or Institutions Who Paid Foreclosure Fees to the State of Illinois
Michael Denny HuberIwan Cray Huber Horstman & VanAusdal LLC, Petitioner