2020—In Gary B. v. Whitmer, a divided Sixth Circuit panel, in a majority opinion by Judge Eric L. Clay, holds that the Constitution “provides a fundamental right to a basic minimum education,” which it says means an education “that plausibly provides access to literacy.” Whatever that might mean. In dissent, Judge Eric E. Murphy objects that the majority’s ruling departs from settled doctrine.
After the Sixth Circuit grants en banc review and vacates the panel decision, plaintiffs and Michigan governor Gretchen Whitmer will race to settle the case before the court can reach a very different decision.