U.S. appeals court considers reassigning Mississippi anti-DEI law case amid AI drafting controversy

The Fifth Circuit Court of Appeals in New Orleans heard arguments Monday over an injunction blocking Mississippi’s anti-DEI law, HB 1193. The law, passed during the 2025 legislative session and signed by Gov. Tate Reeves, prohibits public schools and higher education institutions from using diversity, equity, and inclusion practices in decision-making.

The law aims to ensure decisions regarding employment, academic opportunities, and student engagement are based on merit and qualifications, not race, color, sexual orientation, or gender. The American Civil Liberties Union and the Mississippi Center for Justice filed a lawsuit challenging the law after it was enacted.

During the hearing, Mississippi Attorney General’s Office argued that the case should be reassigned to a different judge. They cited issues with U.S. District Judge Henry Wingate’s use of artificial intelligence to draft an order, which contained inaccuracies related to the bill’s language and plaintiff names. The office contended that the AI-generated draft was an error that should warrant reassigning the case.

Judge Wingate acknowledged the mistake, stating that an AI tool was used as a drafting assistant and that the docketed opinion was an early draft that should not have been filed. He assured the court he has taken steps to prevent such errors in the future. The judge also clarified that no confidential case information was input into the AI tool.

The plaintiffs’ attorney, Rob McDuff, argued that the law could infringe on students’ First Amendment rights by limiting discussions on race, sex, and other issues in classrooms. He expressed concern that vague wording could lead to chaos in public schools and universities, impacting free speech for students and teachers alike.

The court’s decision is expected in the coming weeks. The case continues to raise questions about the use of AI in legal proceedings and the potential implications of Mississippi’s law on free speech and educational practices, according to sources familiar with the proceedings.

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