Appeals Court Reverses Mississippi Anti-DEI Injunction and Faults Lower Judge
A Fifth Circuit panel reversed a preliminary injunction that had blocked Mississippi’s anti-DEI education law. The appellate court sharply criticized District Judge Henry Wingate for a temporary restraining order containing invented facts, nonexistent citations, and weak legal reasoning. The ruling allows the state law to proceed while litigation continues.
A three-judge Fifth Circuit panel lifted the lower-court block on Mississippi’s H.B. 1193 and sent the matter back for further proceedings. Judge Jerry Smith’s opinion said the original temporary order included people and declarations absent from the record, misquoted the statute, and described programs that did not exist.
After the order was replaced, the revised version still cited a Fourth Circuit decision that cannot be found. Judge Henry Wingate later said a law clerk had used Perplexity, an AI tool, and that no sealed material was involved; the appellate panel returned the case to a different judge.
The ruling may affect Mississippi students, educators, and institutions as the anti-DEI law takes effect during litigation. It could also influence how courts handle AI-assisted drafting, since the panel’s criticism may prompt judges to tighten review and disclosure practices. Civil-rights groups and state officials may adjust arguments as the case returns to a new judge, while other courts could look to this decision when assessing similar laws or procedural errors.