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‘A Botch Job’: Federal Appeals Court Reverses Injunction, Reassigns Anti-DEI Case
The panel said the district court relied on hallucinated facts and flawed analysis and ordered the case reassigned on remand.
On Thursday, the 5th U.S. Circuit Court of Appeals vacated an injunction against Mississippi's DEI ban, reassigning the case to a new judge after District Judge Henry Wingate issued rulings containing multiple artificial intelligence hallucinations.
Judge Wingate's July 2025 temporary restraining order against House Bill 1193 included fake plaintiffs and non-existent legal cases; Wingate later admitted a law clerk used AI to draft the order, which was docketed by mistake.
Criticizing the ruling as a "botch job," Circuit Judge Jerry Smith noted that even the corrected order cited a non-existent case, proving AI-generated errors persisted in the legal documents.
Citing Wingate's failure to apply the Supreme Court's Moody v. NetChoice framework, the panel ordered the case to a new judge, emphasizing that a law's unconstitutional applications must "substantially outweigh" its constitutional ones.
Plaintiffs' attorney Robert McDuff noted the ruling clarifies that public school teachers and students retain rights to discuss race, sex, and civil rights, a point central to future proceedings.