Constitutional Rights #1
Right to Literacy (Cont.)
4.30.20
Recently, I wrote about a case from the Sixth U.S. Court of Appeals that seeks to establish a “right to literacy”. This is part of the Detroit News description of the case. “In the 2016 case, seven Detroit students alleged a lack of books, classrooms without teachers, poor building conditions and extreme temperatures deprived them access to literacy in their public schools. The state of Michigan countered that decreased student enrollment triggered a loss of money to Detroit schools and that the state is not responsible for what happened in the district during two decades of on-again, off-again oversight.”

Although the Supreme Court has never decided upon the question of a right to an education or a right to literacy, Judge Eric Clay wrote, “After employing the reasoning of these Supreme Court cases and applying the Court’s substantive due process framework, we recognize that the Constitution provides a fundamental right to a basic minimum education.”

Both the original jurisdiction judge and the dissenting appeals court judge took their stand on the absence of any enumerated “right to an education” or “right to literacy”. To hold that position, they must refuse to recognize the Supreme Court’s “substantive due process” framework, which is part of the basis of the appeals court ruling. This is going to make for an interesting and very likely precedent setting Supreme Court decision, should the case make it to the Supreme Court.

https://www.detroitnews.com/story/news/local/detroit-city/2020/04/23/appeals-court-detroit-students-fundamental-right-education/3012821001/

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