Sixth Circuit Votes to Rehear “Right to Literacy” Case En Banc

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On April 23, a divided panel of the U.S. Court of Appeals for the Sixth Circuit concluded the Due Process Clause of the Fourteenth Amendment protects “a fundamental right to a basic minimum education, meaning one that can provide them with a foundational level of literacy.” On Tuesday, the full Sixth Circuit vacated the panel decision because a majority of judges on the court voted to rehear the case en banc. Of note, the vote to rehear the case en banc was requested by a judge on the court sua sponte, and was not the result of a petition for rehearing.

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