Gary B. v. Whitmer
| Decision Date | 19 May 2020 |
| Docket Number | Nos. 18-1855/1871,s. 18-1855/1871 |
| Citation | 958 F.3d 1216 (Mem) |
| Parties | GARY B., Jessie K., Cristopher R., Isaias R., Esmeralda V., Paul M., and Jaime R., minors, Plaintiffs-Appellants, v. Gretchen WHITMER, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
ORDER
A member of the en banc court sua sponte requested a poll in this case pursuant to 6 Cir. I.O.P. 35(e). A majority of the Judges of this Court in regular active service has voted for rehearing en banc of these cases. Sixth Circuit Rule 35(b) provides that:
A decision to grant rehearing en banc vacates the previous opinion and judgment of the court, stays the mandate, and restores the case on the docket as a pending appeal.
Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandates are stayed, and these cases are restored to the docket as pending appeals.
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6 cases
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A.C. v. Raimondo
...in the U.S. Constitution's substantive due process guarantee. Gary B. v. Whitmer, 957 F.3d 616, 642 (6th Cir. 2020), vacated 958 F.3d 1216 (2020). The Gary B. case concerned a challenge to the adequacy of the education provided in the Detroit public school system. Id. at 620-21. For the rea......
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Hernandez v. Grisham
...... See , e.g. , Libertas Classical Ass'n v. Whitmer , No. 1:20-CV-997, 2020 WL 6498761, at *1, *10 (W.D. Mich. Nov. 3, 2020) (Mahoney, J.)(denying a Christian school's request for injunctive relief ... See Gary B. v. Whitmer , 957 F.3d 616, 621 (6th Cir. 2020) (Clay, J.)(" Gary B. "), reh'g en banc granted , opinion vacated , 958 F.3d 1216 (6th Cir. ......
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Mehmeti v. N.Y. Bd. of Educ.
......Conn. 2003) (noting that education is not among the rights afforded explicit protection under our Federal Constitution); but see Gary B. v. Whitmer, 957 F.3d 616 (6th Cir. 2020) (finding a fundamental "right to a basic minimum education — access to literacy"), reh'g en banc ......
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A.C. v. McKee
...... plausibly alleged denial of their fundamental right to "a basic minimum education -- meaning one that plausibly provides access to literacy." Gary B. v. Whitmer , 957 F.3d 616, 648-49 (6th Cir. 2020), reh'g en banc granted , opinion vacated , 958 F.3d 1216 (6th Cir. 2020). Surveying legal ......
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9 books & journal articles
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An Enduring American Heritage: A Substantive Due Process Right to Public Wild Lands
...development of irearm technology). 99. Gary B. v. Whitmer, 957 F.3d 616, 650 (6th Cir. 2020) (discussing public education), vacated by 958 F.3d 1216 (2020) (see 6th Cir. R. 35(b) (vacating decision upon acceptance for rehearing)), and No. 18-1855, 2020 U.S. App. LEXIS 18312, at *10 (6th Cir......
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The Education-Democracy Nexus and Educational Subordination
...constrained by Rodriguez and its progeny, could not declare civics education a fundamental right. 461 452. Gary B. v. Whitmer, 958 F.3d 1216 (6th Cir. 2020) (mem.). 453. V alerie Strauss, Michigan Settles Historic Lawsuit After Court Rules Students Have a Constitutional Right to a ‘Basic’ E......
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VACATUR PENDING EN BANC REVIEW.
...the otherwise cloistered experience of writing during the pandemic an enjoyable one. (1.) 957 F.3d 616, 648 (6th Cir.), vacated en banc, 958 F.3d 1216 (6th Cir. (2.) Mark Walsh, Full Federal Appeals Court Urged to Reconsider Panel's Right-to-Literacy Ruling, EDUC. WEEK (May 8, 2020), https:......
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GLIMPSES OF REPRESENTATION-REINFORCEMENT IN STATE COURTS.
...clauses of the federal constitution that Connecticut denies to plaintiff students a minimally adequate education); Gary B. v. Whitmer, 958 F.3d 1216 (6th Cir. 2020) (en banc court vacates panel ruling that plaintiff Detroit students had been denied a minimally adequate education and access ......
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