Michigan Governor Gretchen Whitmer

For a brief moment this spring, advocates who have long sought to establish a right to education under the U.S. Constitution seemed to have attained their goal. On April 23, a panel of the Sixth Circuit Court of Appeals ruled 2–1 in Gary B. vs. Whitmer that the constitution affords “a fundamental right” to a “basic minimum education.” This ruling ran counter to the 1973 U.S. Supreme Court ruling in San Antonio Independent School District v. Rodriguez that no such right exists in the constitution.

On May 14, Michigan Governor Gretchen Whitmer sought to preserve the Gary B. ruling by quickly settling the underlying lawsuit, which centered on poor conditions in the Detroit Public Schools. Whitmer agreed to propose state

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