Tag Archives: education

Sua Sponte En Banc Rehearing Granted in Right-to-Education Case

The full Sixth Circuit has voted to rehear the Detroit right-to-education case. This vacates the panel decision holding that access to literacy was a fundamental constitutional guarantee. The court’s order comes only 6 days after Michigan Gov. Gretchen Whitmer announced a settlement with the student plaintiffs and sought dismissal of the suit on mootness grounds.  … Continue Reading

Michigan Settlement Attempts to Moot Potential En Banc Review of Right-to-Literacy Ruling

Last night the State of Michigan and students from Detroit public schools reached a settlement agreement in a case concerning whether those students had a constitutional right of “access to literacy.” News reports indicate the settlement includes a legislative request by Gov. Whitmer for $94.5 million in literacy funding for Detroit schools, $280,000 for seven … Continue Reading

Sixth Circuit Holds Due Process Guarantees Right To Access Literacy

A Sixth Circuit panel held last week, in Gary B. v. Whitmer, that the Fourteenth Amendment’s Due Process Clause guarantees a “right to access to literacy.” As a result, students in some of Detroit’s worst-performing public schools may pursue their claim for improved educational offerings—at least absent further appellate review. The district court dismissed the students’ due … Continue Reading
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