Image source: Reuters (The John Minor Wisdom United States Court of Appeals Building)

A US federal appeals court has overturned an order blocking Mississippi's ban on diversity, equity and inclusion (DEI) programmes in public educational institutions and ordered the case to be reassigned to a different judge after finding serious errors linked to the use of artificial intelligence in the lower court's rulings.

The US Court of Appeals for the Fifth Circuit on Thursday vacated a preliminary injunction issued by US District Judge Henry Wingate against Mississippi's House Bill 1193, which restricts DEI programmes and practices in public schools and universities.

In an opinion written by Circuit Judge Jerry Smith, the appellate court sharply criticised the handling of the case, describing the district court's orders as containing unsupported factual assertions, legal errors and nonexistent authorities.

AI Use Leads to Errors in Court Orders

The controversy arose after it emerged that a law clerk working for Judge Wingate had used the generative AI search tool Perplexity to assist in drafting an order in the case without adequately verifying its output.

The resulting order contained several significant errors, including references to parties who were not involved in the litigation, incorrect descriptions of Mississippi law and a citation to a case that did not exist.

Wingate subsequently acknowledged that his clerk's use of AI had contributed to the errors and said measures had been taken to prevent a recurrence. The flawed order was replaced after Mississippi officials raised concerns about its accuracy. However, the Fifth Circuit concluded that the problems went beyond a single defective order.

The appellate court identified what it regarded as repeated factual and legal errors in the district court's handling of the proceedings. It ultimately determined that reassignment was necessary to preserve confidence in the judicial process and ordered that another federal judge oversee the case when it returns to the district court.

Mississippi's DEI Law Can Take Effect

The underlying dispute concerns H.B. 1193, enacted by Mississippi in 2025 to restrict DEI-related activities in publicly funded educational institutions.

Among other things, the law prohibits public educational institutions from requiring certain DEI programmes and diversity training, restricts the promotion of DEI concepts through course materials and prevents institutions from penalising students because of their views on DEI-related issues.

A group of students, educators and civil rights organisations challenged the legislation, arguing that its restrictions violate constitutional protections, including rights guaranteed under the First and Fourteenth Amendments.

Judge Wingate had granted a preliminary injunction preventing Mississippi from enforcing the law while the constitutional challenge proceeded.

The Fifth Circuit has now vacated that injunction, allowing the law to be enforced while the litigation continues. The appellate court stressed, however, that its ruling does not finally resolve the constitutionality of the legislation.

Court Orders Fresh Consideration of Free Speech Issues

The Fifth Circuit also found problems with the lower court's constitutional analysis.

In particular, the court said the district judge had failed to properly balance Mississippi's authority to regulate the activities of its public educational institutions against the free speech rights of teachers and professors affected by the legislation.

The appellate court further noted that some of the lower court's analysis incorrectly treated students as being subject to provisions of the legislation that did not apply to them.

The newly assigned district judge will therefore have to reconsider the request for preliminary relief under the appropriate constitutional framework.

Source: Reuters