14 | DECEMBER 31 • 2020 

and was at the top of his class, and he had 
never read a novel. He couldn’t write a 
three-paragraph essay. But he wasn’t involved 
in this lawsuit for himself, but rather for his 
siblings so they could have a chance at an 
education. So, I just think it was part of their 
character in terms of wanting to stand up to 
the state and say, ‘You can’t treat us like we’re 
less than human.
’”
After some time, Rosenbaum had found 
the ideal group of seven students to rep-
resent: a group ranging from elementary 
school to high school, to communicate 
the full scope of the problem. He began to 
assemble his case. 
They began by suing then-Gov. Snyder in 
2016, claiming that the state is responsible 
for the lack of literacy and that students have 
a conditional right to a basic minimal edu-
cation. The complaint was then dismissed by 
the state. From there, the case went to a fed-
eral district court in Detroit in front of Judge 
Stephen Murphy in 2018. 
In his decision, Murphy agreed that the 
state is responsible for the lack of literacy the 
students are experiencing in DPS. But, he 
decided, there has never been a case that has 
ruled that students have constitutional right 
of access to literacy or to a basic minimal 
education. There was no constitutional prec-
edent for a “right to read.
” 
Rosenbaum appealed Murphy’s deci-
sion to the Sixth Circuit Court of Appeals, 
which handles all federal appeals in Ohio, 
Tennessee, Kentucky and Michigan. By this 
point, Gov. Gretchen Whitmer had been 
elected and replaced Snyder as the defendant 
in the case. She indicated she was interested 
in settling the suit without having it drag out 
further, and began negotiations. 
In April 2020, for the first time in U.S. 
history, the court ruled two-to-one that 
every student has a constitutional right to a 
basic minimum education. The dissenting 
judge, Eric Murphy, voted against the ruling 
because he believed that it violated states’ 
rights to determine their own educational 
policies. 
After the ruling, Rosenbaum and 
Whitmer, the chief defendant in the case, 
began confidential settlement discussions 
and the case was ultimately settled.
The settlement ensures that the state will 
pay a total of $40,000 to each student that 

was represented in the case. The money is 
to go toward continuing their education or 
helping them pay for additional help to make 
up for the deficiencies they experienced in 
school. $2.7 million is also set to go to the 
Detroit Public Schools district. 
In addition, Whitmer has promised to 
pursue legislation that would bring an addi-
tional $94 million to the district. The money 
will go to increasing teacher salary, literacy 
aides, literacy coaches, new literacy materials 
and fixing up the buildings.
Unfortunately, the court’s finding of a con-
stitutional right to read did not survive. In 
May, the Michigan state legislature attempted 
to make the court rehear the case, which the 
court declined to do in June, on the grounds 
that a settlement had already been reached. 
In so doing, however, the court vacated all 
pending motions in the appeal — including 
the finding of the constitutional right.
“Even after we won, the legislature went 
into court and said it was too expensive 
to give these kids even basic education. 
I mean, my God, you know, the schools 

would not pass basic health and safety tests,
” 
Rosenbaum said. “If the schools were hotels 
or restaurants, they would be shut down. 
And it is devastating to see how far those 
who are in charge will fight and lie to make 
sure that kids of color and kids from low-in-
come families don’t have a fair shot.
”

THE AFTERMATH 
Although the constitutional right for a basic 
minimum education was vacated, Rosenbaum 
still hopes that this case will improve the 
education of Detroit’s students and resonate 
with people throughout the country as a step-
ping-stone for educational growth.
“I think it’s a reinforcement that [the 
students’] voices and their lives matter,
” 
Rosenbaum said. I think it demonstrates to 
them that they can beat back the forces of the 

state and that they have a higher moral and 
legal ground. 
“I think it demonstrates that anti-racist 
struggles will prevail. I think these young 
people know that they won in terms of deliv-
ering the sorts of resources and opportunities 
that they’re entitled to. I think it will make a 
difference, but the degree to which it makes a 
difference, I don’t think we’re going to know 
until the next few years play out.
”
From the beginning, Hill knew that he 
wasn’t doing this just for himself, but for his 
younger siblings and the younger genera-
tions of students that will go through Detroit 
Public Schools. It was never about the money 
for Hill; it was the hope that this case will 
help make the change that the children in 
DPS desperately need.
“We don’t want the money, and we don’t 
want a handout,
” Hill said. “We just want an 
opportunity and a chance. So, it really set 
in that, just as hard as we’re fighting to get 
the education we deserve, they’re fighting 
10 times harder to make sure that it doesn’t 
happen.

“
A lot of times in the city, things get passed 
in court and are never implemented; it’s just 
a ruling. … So, this money, if it doesn’t go 
toward productive things, it can be a waste. If 
it doesn’t really truly impact our students and 
if we’re not involved in it, then it won’t make 
a difference for our students.
”
Hill used the money that he was allotted 
from the lawsuit to enroll in college. He 
currently resides in Tallahassee, Fla., and 
is enrolled at Florida A&M University. He 
hopes to continue to fight for the right to 
education for students not just in Detroit, but 
all around the country. 
“This is deeper than just education or just 
school,
” Hill said. “It is humanity, and it is 
our lives. How can we be productive citizens 
to society without education?
“We have to stand up.
” 

IN 
THE
JEWS D
ON THE COVER

continued from page 13

“FOR ANY OF US TO BE AWARE OF THOSE 
SORTS OF INJUSTICES WHILE CHILDREN 
IN BLOOMFIELD HILLS AND ANN ARBOR 
ARE ON CAMPUSES THAT COULD DOUBLE 
FOR COLLEGE CAMPUSES IS NOT RIGHT.” 

— ATTORNEY MARK ROSENBAUM

