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Worthy of mention is the literacy lawsuit out of the Sixth Circuit. In the case of Gary B. v Whitmer (2020), the court held that as a matter of first impression, the 14th Amendment Due Process Clause provided the student plaintiffs with a fundamental right to a basic education, meaning one that provided access to literacy. The students had filed suit alleging that they had been denied access to literacy on account of their races in violation of the 14th Amendment Due Process and Equal Protection Clauses. One month after the decision was handed down, a rehearing en banc was granted in May 2020. In June 2020, prior to rehearing, the state of Michigan reached a settlement with the students which included $95.4 million in future funding earmarked for literacy, a $280,000 damage payment to be split among the seven student plaintiffs, and the creation of two task forces in Detroit to pursue quality education for students in Detroit.

While the lawsuit starts a new precedence regarding the duty of public schools toward students, implementing the terms of the settlement faces hurdles. Governor Whitmer has vowed to introduce legislation providing the $94.5 million in funding for literacy, but such legislation must make its way through a Republican-controlled legislature. What is important for jurists is that precedent on the duty to provide access to literacy has been established.