Mississippi DEI Law Allowed, Judge Removed Over AI Use

A federal appeals court has ruled that Mississippi can enforce a law restricting diversity, equity, and inclusion (DEI) practices in schools, overturning a previous decision by a district judge. The Fifth Circuit Court of Appeals removed Judge Henry Wingate from the case, citing serious legal missteps and the use of artificial intelligence in drafting court orders. The law, H.B. 1193, prohibits schools and colleges from promoting DEI through classes and prevents administrators from punishing students for their views on DEI. The court found that the previous ruling failed to properly apply the Supreme Court's Moody framework for evaluating First Amendment claims. Circuit Judge Jeffrey Smith criticized the district court for relying on only two cases and dismissing the Moody framework as a mere formality. The ruling emphasized that plaintiffs must demonstrate that a law's unconstitutional applications substantially outweigh its constitutional ones. The court also noted that the district judge's orders contained false information and unverified claims, including references to plaintiffs and defendants not named in the complaint. The case has been remanded to a different judge, with the court stressing the need for proper legal review. Judge Wingate acknowledged that a law clerk used AI to draft a restraining order and that the initial opinion was not properly reviewed. He stated he has taken steps to prevent such errors in the future.