The case of Boehning v. Indiana State Employees Association, Inc., in 1975 revolved around the issue of whether or not state employees had a constitutional right to collective bargaining. The Indiana State Employees Association (ISEA) sued the Chairman Commissioner and other members of the State Highway Commission for refusing to engage in collective bargaining with them over wages and working conditions. The ISEA argued that this refusal violated their First Amendment rights to freedom of speech and association as well as their Fourteenth Amendment due process rights. However, the Supreme Court ruled against ISEA stating that there was no constitutional right for public sector employees to engage in collective bargaining with their employers under either amendment cited by ISEA.

The dissenting opinion in the case of Boehning v. Indiana State Employees Association, Inc., argued that the majority's decision to deny state employees' right to strike was a misinterpretation of precedent and an overreach of judicial power. The dissenters believed that while public safety is important, it should not be used as a blanket reason to deny all state employees their rights under labor laws. They pointed out that not all strikes by public workers would necessarily endanger public safety or disrupt essential services. Furthermore, they contended that such issues should be addressed on a case-by-case basis rather than through broad prohibitions against striking for all government workers. The dissenting justices also criticized the majority for failing to consider alternative means of resolving labor disputes among state employees other than outright bans on strikes.