September 26, 2020

Volume X, Number 270

September 25, 2020

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September 24, 2020

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Sua Sponte En Banc Rehearing Granted in Right-to-Education Case

The full Sixth Circuit has voted to rehear the Detroit right-to-education case. This vacates the panel decision holding that access to literacy was a fundamental constitutional guarantee.

The court’s order comes only 6 days after Michigan Gov. Gretchen Whitmer announced a settlement with the student plaintiffs and sought dismissal of the suit on mootness grounds.  One group of defendants and another group of would-be intervenors had asked the court to go banc. Other defendants, meanwhile, supported the settlement and opposed their co-defendants’ authority to continue the fight.

(All of which would amount to a veritable fed-courts feast–or famine. Furloughed 3Ls from Michigan to Tennessee can say a prayer of thanksgiving for p/f  this semester. Silver linings!)

Notably, the court’s order indicates that a judge *sua sponte* called for the rehearing vote. So those predicate procedural questions regarding intervention, standing, and litigating authority remain unanswered, if diminished in importance, at least for now.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 140

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About this Author

Benjamin Beaton Litigation Attorney Squire Patton Boggs Cincinnati, OH
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Benjamin Beaton is co-chair of the Appellate & Supreme Court Practice. He handles complex appeals, regulatory disputes and law-intensive trial proceedings. Ben has authored more than a dozen briefs at the US Supreme Court, where he previously served as a law clerk. He has drafted dozens more in the federal courts of appeal and state supreme courts, and regularly confers with trial and in-house counsel regarding appellate and motions strategy. Chambers has noted the firm’s “well-resourced appellate team, with notable experience in disputes heard before the Sixth Circuit.” The...

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