Texas today joined a Tennessee-led amicus brief in support of Michigan’s petition for rehearing en banc from a Sixth Circuit panel decision that declared the Constitution affords a fundamental right to “basic minimum education” and places control of public schools in the hands of federal judges rather than local officials. Today’s friend-of-the-court brief argues that the panel’s divided decision intrudes on States’ sovereign authority over public education, usurps the policymaking authority of State and local officials, and requires judicial oversight of public education that will lead to costly litigation without any benefit to students.
Read a copy of the amicus here.