Litigating the Right to Learn: Federal Courts, State Governance, Educational Equity, and the Constitutional Limits of Public Education

This study contributes to an emerging body of scholarship that positions legal research as a legitimate and generative paradigm for education policy inquiry. This manuscript presents cross-case findings from a multi-case discourse analysis of three federal education rights lawsuits: Gary B. v. Whitmer (Michigan), A.C. by Waithe v. McKee (Rhode Island), and Haymer et al. v. Reeves (Mississippi). Although these cases originated between 2016 and 2018, the constitutional questions they raised remain unresolved, and the educational conditions that compelled families to seek federal court intervention have only deepened. Employing the Narrative Policy Framework and Discursive Violence Analysis, four cross-cutting themes emerged: parents’ and students’ moral conviction of a federal constitutional guarantee of education; persistent systemic educational harms compounded across historical and policy contexts; the expectation of federal courts as guardians of educational rights; and the recurring tension between federal constitutional adherence and state governance of education. Collectively, these cases reveal how legal narratives serve as powerful policy tools and how discursive violence enables states to circumvent equitable educational responsibilities through strategically deployed authoritative language. These findings carry urgent implications for education policymakers, legal scholars, and researchers invested in the constitutional dimensions of educational equity.

Authors

Institutions

Publication Details

Journal
Education and Urban Society
Published
2026-07-24
DOI
https://doi.org/10.1177/00131245261471093
Primary Topic
Legal Issues in Education
Type
article
Field-Weighted Citation Impact
0.00

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Litigating the Right to Learn: Federal Courts, State Governance, Educational Equity, and the Constitutional Limits of Public Education

Laura Frías, Rhodesia McMillian
Education and Urban Society
Legal Issues in Education
article

Litigating the Right to Learn: Federal Courts, State Governance, Educational Equity, and the Constitutional Limits of Public Education

Laura Frías, Rhodesia McMillian
article en

Abstract

This study contributes to an emerging body of scholarship that positions legal research as a legitimate and generative paradigm for education policy inquiry. This manuscript presents cross-case findings from a multi-case discourse analysis of three federal education rights lawsuits: Gary B. v. Whitmer (Michigan), A.C. by Waithe v. McKee (Rhode Island), and Haymer et al. v. Reeves (Mississippi). Although these cases originated between 2016 and 2018, the constitutional questions they raised remain unresolved, and the educational conditions that compelled families to seek federal court intervention have only deepened. Employing the Narrative Policy Framework and Discursive Violence Analysis, four cross-cutting themes emerged: parents’ and students’ moral conviction of a federal constitutional guarantee of education; persistent systemic educational harms compounded across historical and policy contexts; the expectation of federal courts as guardians of educational rights; and the recurring tension between federal constitutional adherence and state governance of education. Collectively, these cases reveal how legal narratives serve as powerful policy tools and how discursive violence enables states to circumvent equitable educational responsibilities through strategically deployed authoritative language. These findings carry urgent implications for education policymakers, legal scholars, and researchers invested in the constitutional dimensions of educational equity.

Education and Urban Society
The Ohio State University (US)
Spencer Foundation
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Legal Issues in Education
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Litigating the Right to Learn: Federal Courts, State Governance, Educational Equity, and the Constitutional Limits of Public Education — Laura Frías, Rhodesia McMillian · Education and Urban Society (2026) | TGRS Research Map | TGRS