A federal appeals court on Oct. 22 removed a judge and upheld Mississippi’s ban on diversity, equity and inclusion (DEI) programs in public schools and universities, reversing a lower court’s injunction against the law.
The Fifth Circuit Court of Appeals vacated a preliminary injunction blocking Mississippi H.B. 1193, which restricts DEI-related practices in education, and reassigned the case to a different judge. The ruling came after the appeals court found multiple errors in the original judge’s orders, including factual inaccuracies, an AI-generated case citation, and flawed legal reasoning.
Judge Henry Wingate, who had issued the temporary restraining order in July, was removed from the case following the appeals court’s unusually strong rebuke. The Fifth Circuit, in an opinion by Judge Jerry Smith, a Reagan appointee, described Wingate’s handling as a “botch job” and accused the judge of issuing “sloppy edicts based on falsehoods and fabrications.”
Immediate Impact and Legal Reversal
The appeals court’s decision allows Mississippi H.B. 1193 to take effect while the case proceeds under a new judge. The law prohibits public schools and universities from promoting DEI through classes and bars administrators from punishing students for their views on DEI. It also restricts the use of DEI statements in hiring and promotion processes.
The Fifth Circuit ruled that Judge Wingate’s orders failed to meet legal standards, including the Supreme Court’s framework in Moody v. NetChoice, which requires plaintiffs to demonstrate that a law’s unconstitutional applications “substantially outweigh” its constitutional ones. The appeals court found that Wingate’s reasoning was “poor at best”, citing reliance on anecdotal concerns rather than legal analysis.
Errors and Controversies in the Original Ruling
The controversy began when Judge Wingate issued a temporary restraining order in July, blocking the law after a group of teachers, parents, and students sued, arguing that H.B. 1193 violated the First and Fourteenth Amendments. The order contained multiple factual errors, including:
- 11 individuals and organizations listed as plaintiffs who were not part of the case
- Two officials incorrectly named as defendants
- Unsubstantiated claims that three schools had canceled DEI programs
Mississippi officials flagged the errors within two days, prompting Wingate to revise the order. However, the Fifth Circuit found that the revised version still relied on faulty legal reasoning, including an apparent AI hallucination—a case citation that did not exist.
Broader Context and Policy Implications
The ruling comes amid nationwide debates over DEI policies in education, with some states banning or restricting DEI programs while others defend them as essential for equity. Mississippi’s law is part of a broader trend, with similar restrictions proposed or enacted in other states, including efforts by the Trump administration to strip tax-exempt status from schools using race-based programs.
Supporters of the law argue that DEI initiatives infringe on free speech and promote ideological conformity, while opponents contend that banning DEI programs undermines efforts to create inclusive learning environments. The case is expected to continue under the new judge, with potential further appeals to the U.S. Supreme Court.