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Appeals Court Vacates Mississippi DEI Injunction After AI-Generated Errors

By Drooid · · How we work

Core Event

On Oct 22, the 5th U.S. Circuit Court of Appeals vacated the preliminary injunction that had blocked Mississippi’s law prohibiting public-funded diversity, equity and inclusion (DEI) programs in schools and universities. The panel, led by Judge Jerry Smith, removed the case from District Judge Henry Wingate after the judge acknowledged that a law clerk’s use of an artificial-intelligence tool produced a draft order riddled with factual inaccuracies, fabricated names, and nonexistent legal citations. The appeals court ordered that the civil-rights lawsuit be reassigned to a different district judge for further review.

Background & Context

Mississippi’s House Bill 1193, enacted last year by the Republican-controlled legislature, bars state-funded institutions from mandating DEI training or related activities. Plaintiffs—including teachers, professors, students and advocacy groups—argued that the ban violated the First and Fourteenth Amendments. Judge Wingate initially issued a temporary restraining order and later a preliminary injunction, both later found to contain AI-generated “hallucinations.” The incident adds to growing concerns about the role of generative-AI tools in judicial drafting, a topic that has prompted scrutiny from lawmakers such as Senate Judiciary Committee Chairman Chuck Grassley.

Official Statements & Responses

“The district court — or perhaps, being charitable, its AI agent — ignored and manipulated governing law, apparently to satisfy a policy agenda,” — Jerry Smith, circuit judge

The Mississippi Attorney General’s Office did not respond to a request for comment.

What’s Next

The appeals court’s order directs a new district judge to evaluate the constitutionality of the DEI ban, balancing the state’s interest in regulating publicly funded speech against the speech rights of educators and students. Both sides indicated they will continue to litigate other aspects of the law, suggesting further court proceedings in the coming months.