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Matthew T. Nelson of Warner Norcross + Judd. Matthew T. Nelson of Warner Norcross + Judd.

6th Circuit SpotlightDuring the coronavirus public health emergency, the U.S. Court of Appeals for the Sixth Circuit issued a published decision in Gary B. v. Whitmer, recognizing a right to “basic minimum education.” Less than a month later, the Sixth Circuit granted review by the entire court and vacated the earlier decision. What happened in between those decisions is a tale of political conflict, a settlement that sought to head off further appellate review, and a decision by a majority of the Sixth Circuit to overturn the panel’s decision before the parties’ maneuverings made it impossible to do so.

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