Appeals Court: Basic Minimum Education Is a Fundamental Right

Security guards stand in front of the Ninth U.S. Circuit Court of Appeals in San Francisco, Calif., on June 12, 2017. Justin Sullivan/Getty Images

In a divided decision, the 6th Circuit U.S. Court of Appeals ruled Thursday that basic minimum education and access to literacy is a fundamental right under the due process clause of the 14th Amendment.

“The recognition of a fundamental right is no small matter,” wrote the 6th Circuit court in a 2-1 majority opinion (pdf). “Where, as plaintiffs allege here, a group of children is relegated to a school system that does not provide even a plausible chance to attain literacy, we hold that the Constitution provides them with a remedy.”