"The District Court—or Perhaps, Being Charitable, Its AI Agent—Ignored and Manipulated Governing Law, Apparently to Satisfy a Policy Agenda"

Read the original at Reason ↗
Cite

Volokh, E. (2026, October 23). "The District Court—or Perhaps, Being Charitable, Its AI Agent—Ignored and Manipulated Governing Law, Apparently to Satisfy a Policy Agenda". Reason. https://reason.com/volokh/2026/10/23/the-district-court-or-perhaps-being-charitable-its-ai-agent-ignored-and-manipulated-governing-law-apparently-to-satisfy-a-policy-agenda/

Dated from the outlet's own feed. Check the original for its byline.

Reason · collected 2026-10-23 · by Eugene Volokh

Quick Summary

Judge Henry Wingate of the district court issued a temporary restraining order against Mississippi's House Bill 1193, which restricts diversity, equity, and inclusion initiatives in public education. The TRO included several inaccuracies, such as non-existent plaintiffs, false quotations from H.B. 1193, and claims unsupported by the record. When these errors were revealed, Judge Wingate replaced the TRO without explanation but still incorporated erroneous information into a preliminary injunction. Fifth Circuit Judge Jerry Smith criticizes this process as flawed and unauthorized judicial action.
Written by AI on 2026-10-23, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

In October 2026, the U.S. Fifth Circuit Court of Appeals overturned a lower court’s ruling, allowing House Bill 1193 (H.B. 1193) passed by Mississippi in April 2025 to go into full effect. The bill bans diversity, equity, and inclusion (DEI) initiatives in public schools, prohibiting mandatory DEI training and the maintenance of related programs or offices. It also restricts discussions on certain “divisive concepts” such as race, sex, gender identity, sexual orientation, religion, ethnicity, and national origin in public school settings. Public schools violating this law could face loss of state funding. The decision comes after criticism that a district court's temporary restraining order (TRO) was issued inaccurately and may have improperly influenced the case.

Written for “Mississippi DEI Ban Controversy” on 2026-11-06, grounded in this article and the 1 other(s) covering the same event.

Story

📰 Mississippi DEI Ban Controversy
Politics · 2 article(s) covering the same event. See how they differ ↓

Compared with similar articles

This article reads unscored and hedges 12% of its claims. Each row says how that neighbour differs.
Toronto Star
⚖️ Leans right Hedges 1 of 4 claims Outlet record 64/100
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
41
sentences that state something as happening or true
Uncertain
12%
5 of 41 hedged ("reportedly", "may", "according to")
Leaning
withheld
no quote in the article backed the model's score
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
2
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-23 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1168 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Eugene Volokh
195 article(s) here · 1 carrying a prediction
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2026-11-02 · assertive framing · Firing for "Rot in Hell Charlie Kirk" Post Upheld
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🔮 According to the Complaint, in August 2024, Plaintiffs and other District community members learned that then-member of the Board of School Directors of Souderton Area School District (the "Board") William Formica posted lewd comments on social media about Vice President Kamala Harris, disparaging teachers and non-English speakers, and deriding diversity programs.
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Also by Eugene Volokh
Open Thread
2026-11-03 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 195 articles by Eugene Volokh →

Topics

Fifth Circuit Judge H.B. 1193 House Bill 1193 Jackson Fed. of Teachers Mississippi

Subjects

Wingate PERSON · 3× Mississippi GPE · 2× the Supreme Court ORG · 2× Fifth Circuit Judge ORG · 1× Fitch PERSON · 1× Henry Wingate PERSON · 1× Jackson Fed. of Teachers ORG · 1× Jerry Smith PERSON · 1× Kurt Engelhardt PERSON · 1× Volokh PERSON · 1×

Narrative

A short excerpt from the long opinion in Jackson Fed. of Teachers v. Fitch, decided yesterday by Fifth Circuit Judge Jerry Smith, joined by Judge Kurt Engelhardt: In April 2025, Mississippi enacted House Bill 1193 (H.B. 1193), a law designed to keep Mississippi public education funds from being spent on diversity, equity, and inclusion ("DEI") initiatives and similar controversial programs.
framing: assertive · carried by 1 article(s) · first seen 2026-10-23
🔮 The original TRO—the one actually issued on July 20, 2025—named as plaintiffs eleven individuals and organizations who had never been party to the case; named as defendants two officials who were not actually sued; claimed, without evidence, that three post-secondary institutions had already cancelled DEI initiatives or programming because of the act; further declared, again without evidence, that staff at another school had been told not to discuss certain topics, including "historical interpretations involving systemic racism"; misquoted H.B. 1193 as applying to "race or sex stereotyping," "race or sex scapegoating," "critical race theory," and "institutional bias," despite none of these terms' appearing in the act's text; and referenced purported declarations of four individuals who do not appear in the record at all and may not even exist….

Claims (41 extracted, 5 hedged)

A short excerpt from the long opinion in Jackson Fed. of Teachers v. Fitch, decided yesterday by Fifth Circuit Judge Jerry Smith, joined by Judge Kurt Engelhardt: In April 2025, Mississippi enacted House Bill 1193 (H.B. 1193), a law designed to keep Mississippi public education funds from being spent on diversity, equity, and inclusion ("DEI") initiatives and similar controversial programs. asserted
Mississippi → decide → initiatives
The law prevents government-run institutions from requiring activities such as diversity training or pushing DEI ideology, so defined, in the course of government-funded business. asserted
law → prevent → business
H.B. 1193 does four main things. asserted
H.B. → do → things
First, it prevents educational institutions from mandating DEI programs and diversity trainings in a variety of contexts. asserted
it → prevent → contexts
Second, it stops public educational institutions from punishing students for their views on DEI. asserted
it → stop → DEI
Third, it prohibits regulated institutions from endorsing or promoting DEI through course materials. asserted
it → prohibit → materials
Finally, it prevents institutions and their educators from otherwise engaging in DEI methods or actions, preventing bad actors from circumventing prohibitions and frustrating its purposes. asserted
it → prevent → purposes
The statute also creates an administrative process to handle claims that a given educational institution is not in compliance. uncertain
institution → create → compliance
H.B. 1193 excepts several activities from its sweep, including scholarly work, the activities of students and their groups, and creative engagement. asserted
H.B. → except → students
Plaintiffs sued, claiming (among other things) that the law violated the First Amendment, but: The proceedings in the district court were a botch job, to say the least. asserted
proceedings → sue → least
Judge Henry Wingate issued a temporary restraining order ("TRO") enjoining enforcement of H.B. 1193 that contained several factual assertions nowhere to be found in the record, or indeed, in any proceeding of the case. asserted
that → issue → case
Those included mention of plaintiffs and defendants not in the complaint, supposed "declarations" from non-existent or never-present individuals, false quotations purporting to be taken from the text of H.B. 1193, and several erroneous claims that the law had already led to the demise of apparently fictitious programs. uncertain
law → include → programs
After this came to light, Judge Wingate replaced the TRO without explaining. asserted
Wingate → come → TRO
Forging forward despite the bungled TRO, Judge Wingate issued a pre-enforcement preliminary injunction. asserted
Wingate → forge → injunction
The various state defendants appeal. asserted
defendants → appeal → ?
At oral argument in this court, it was discovered that even the "corrected" TRO—which was incorporated by reference into the preliminary injunction order—still contained hallucinated information (namely, a citation to a purported Fourth Circuit case, "Cousins v. School Bd. of City of Norfolk," that does not exist). asserted
that → discover → Norfolk
This district judge carelessly exercised his Article III power by issuing sloppy edicts based on falsehoods and fabrications. asserted
judge → exercise → falsehoods
Upon discovering some of these falsehoods, Judge Wingate dug in his heels and claimed that the hallucinated claims had no bearing on its reasoning; he offered no explanation as to why he included such apparently irrelevant material in the original TRO or why the TRO nevertheless was justified in its absence. uncertain
TRO → discover → absence
Moreover, the district court got the law wrong. asserted
law → get → ?
The TRO and preliminary injunction order rested on impoverished legal analysis that barely paid lip-service to the precedents of the Supreme Court or this court, seeming at times purposely to misconstrue the law by manipulating the words of statutes and cases, without regard to their texts' meaning as a whole. asserted
that → rest → whole
The district court—or perhaps, being charitable, its AI agent—ignored and manipulated governing law, apparently to satisfy a policy agenda. asserted
court → ignore → agenda
Because of the extraordinarily grave errors by the district court, we vacate and remand for assignment to a different district judge. asserted
we → vacate → judge
Per the Supreme Court's decision in Moody, we instruct the new judge to conduct proceedings consistent with federal law as interpreted by the Supreme Court and this circuit…. asserted
we → instruct → Court
The original TRO—the one actually issued on July 20, 2025—named as plaintiffs eleven individuals and organizations who had never been party to the case; named as defendants two officials who were not actually sued; claimed, without evidence, that three post-secondary institutions had already cancelled DEI initiatives or programming because of the act; further declared, again without evidence, that staff at another school had been told not to discuss certain topics, including "historical interpretations involving systemic racism"; misquoted H.B. 1193 as applying to "race or sex stereotyping," "race or sex scapegoating," "critical race theory," and "institutional bias," despite none of these terms' appearing in the act's text; and referenced purported declarations of four individuals who do not appear in the record at all and may not even exist…. uncertain
who → issue → record
On July 22, 2025, defendants filed a motion to clarify, pointing out these errors. asserted
defendants → file → errors
In response, the court, without explanation, replaced the original TRO with a seemingly corrected version. asserted
court → replace → version
Though that document was docketed on July 22, it was backdated to July 20. asserted
it → docket → July
Defendants requested that the original order be restored to the docket to keep the record whole and requested that the court explain the inaccuracies in the original order. asserted
court → request → order
The district court denied that motion, claiming the factual inaccuracies were merely "clerical." asserted
inaccuracies → deny → motion
In response, U.S. Senator Chuck Grassley accused the district court of using artificial Intelligence ("AI") to prepare the TRO, with the substantive errors' arising from AI-generated hallucinations. asserted
errors → accuse → hallucinations
Fifteen days later, Judge Wingate admitted the errors, claiming that a law clerk had used AI to assist drafting an earlier version of the TRO that was docketed by mistake. asserted
that → admit → mistake
His letter stated that he had removed the original TRO from the docket to avoid confusion and that the errors were clerical, in his view, because they did not relate to "core legal reasoning or the ultimate judgment on the merits" but instead to "failure to confirm the accuracy of certain information." asserted
they → state → information
The seemingly corrected TRO did not explain how or why the factual inaccuracies were not necessary to the reasoning of the original TRO. asserted
inaccuracies → correct → TRO
The merits analysis failed to cite a binding authority from after the year 2000. asserted
analysis → fail → year
It claims that H.B. 1193 constitutes viewpoint discrimination, without any analysis whatsoever of a state government's authority to regulate its own speech. uncertain
It → claim → speech
And the document did not correct all of the errors: At Fifth Circuit oral argument, it was discovered that the doctored TRO cited to "Cousins v. School Bd. of City of Norfolk, 503 F.2d 422, 426–27 (4th Cir. 1974)." asserted
TRO → correct → Norfolk
That case does not even exist; it is an apparent AI hallucination…. asserted
it → exist → ?
Judge Catharina Haynes did not join these parts of the opinion. asserted
Haynes → join → opinion
There's also some interesting First Amendment analysis in the case, which I hope to blog about later today. asserted
I → be → which
(I'm tied up for the next several hours.) asserted
I → tie → hours
…and 1 more, not listed.
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