A deal negotiated by Gov. Gretchen Whitmer to settle a lawsuit over a right to basic minimum education for Detroit schoolchildren will stand after an appeals court threw out the Michigan Legislature's attempt to undo it.
In a ruling released Wednesday, the U.S. 6th Circuit Court of Appeals agreed with lawyers for the kids, who argued the case was moot once Whitmer agreed to a settlement in the case.
The court last month vacated an earlier finding of a constitutional right to a basic minimum education, but decided not to hear the merits of the case because it had already been settled.
"All other pending motions in this appeal are hereby denied as moot," the order said. The motion to appeal was dismissed with prejudice, a legal term that means the court has reached its final decision in the case and it cannot be refiled.
"I am pleased," said Mark Rosenbaum, a lawyer who represented the students. "The case was over. There really was no alternative. It means that the settlement stands, and that the words of Judge Clay will last. It will last forever."
Rosenbaum acknowledged that because the finding of a constitution right was vacated, the case does not set a precedent.
"It's not precedent, but it's not overturned," he said. "Its influence will be throughout the nation because of the reasoning and only those who don't think that black children's lives matter will resist it. Those words will live forever."
John Bursch, a lawyer representing the Michigan Legislature in the case, said the appeal tried to get the court to issue a firm ruling against the earlier finding of a constitutional right.
"The Legislature's concern, which is still a legitimate concern, is that judges will try to use it in the future, even though it's not precedential," Bursch said.
Bursch, on behalf of the Legislature, argued that the earlier ruling infringed the Legislature's authority to set education policy in Michigan.
The finding of the constitutional right to a basic minimum education was a huge moment for education advocates who have argued that such a right exists.
In an April ruling Judge Eric Clay and Judge Jane Branstetter Stranch ruled in a 2-1 decision, that Detroit schoolchildren were entitled under the Constitution to a basic minimum education, which is necessary to access other constitutional rights like voting, jury service and joining the military.
"We recognize that the Constitution provides a fundamental right to a basic minimum education," the ruling said. The judges acknowledged that the ruling was "narrow in scope."
"It does not guarantee an education at the quality that most have come to expect in today’s America (but that many are nevertheless denied)," the ruling said. "Rather, the right only guarantees the education needed to provide access to skills that are essential for the basic exercise of other fundamental rights and liberties, most importantly participation in our political system."
The dissenting judge in the case, Eric Murphy, wrote that the ruling violated states' rights to determine their own education policies and practices.
After that ruling was issued, lawyers for the students negotiated a settlement with Whitmer under which she agreed to:
- Propose legislation before her first term ends that would provide Detroit Public Schools with at least $94.4 million for literacy programs.
- Provide $280,000 to the seven students, some of whom are no longer in school, to participate in what the governor's office called high-quality literacy programs with the funds held for that purpose by the Detroit Public Schools Foundation.
- Send an additional $2.7 million to Detroit schools to support literacy efforts.
- Have the state Department of Education advise school districts across the state on how best to access literacy programs to improve reading proficiency and reduce economic, racial and ethnic disparities.
Wednesday's ruling means that settlement will stand, but the finding of the Constitutional right will not.
The Legislature was never a named party in the case but sought to intervene in it, arguing its lawmaking powers were being infringed upon by the deal.
That argument appeared to get traction five days after the settlement was announced when the entire 6th Circuit Court decided on its own to throw out the ruling of the three-judge panel that heard the case. But in the latest ruling, the larger group of judges ordered the case dismissed.
Bursch said the Legislature would not appeal Wednesday's decision. Rosenbaum said the case is still historic and puts pressure on the Legislature to do right by the children of Detroit.
"To date, the Legislature has treated the black children of Detroit as if they are disposable and not worthy of an education," Rosenbaum said. "I think the eyes of this nation will be on that Legislature to see whether it treats these children the way that they would want their own children treated."
Contact John Wisely: 313-222-6825 or jwisely@freepress.com. On Twitter @jwisely
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Michigan right to literacy settlement stands as court rejects Legislature's appeal - Detroit Free Press
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