Fifth Circuit Court reinstates Mississippi DEI restrictions

The U.S. Fifth Circuit Court of Appeals has vacated a preliminary injunction that previously blocked portions of Mississippi House Bill 1193. This 2025 law restricts diversity, equity, and inclusion (DEI) programs, courses, and offices in public schools and colleges. It also prohibits the discussion of certain “divisive concepts” regarding race, gender identity, and religion. Schools found in violation of the law risk losing state funding.

The court's decision follows a ruling by U.S. District Judge Henry T. Wingate, which the appeals court found contained fabricated parties, quotations, and a nonexistent case. Judge Wingate indicated that a law clerk used the AI tool Perplexity during the preparation of an early draft that was mistakenly docketed.

The Fifth Circuit has reassigned the case, Jackson Federation of Teachers v. Fitch, to a different judge. While the court did not rule on the constitutionality of the law itself, the reversal allows the restrictions to go into effect. The plaintiffs, a group of educators and activists, have several weeks to petition for a rehearing.