Attorneys Baffled by Federal Judge’s Order That Lists Incorrect Parties, Wrong Quotes

A ruling from a federal judge in Mississippi contained factual errors — listing plaintiffs who weren’t parties to the suit, including incorrect quotes from a state law and referring to cases that don’t appear to exist — raising questions about whether artificial intelligence was involved in drafting the order.

U.S. District Judge Henry T. Wingate issued an error-laden temporary restraining order on July 20, pausing the enforcement of a state law that prohibits diversity, equity and inclusion programs in public schools and universities.

Henry T. Wingate

Lawyers from the Mississippi Attorney General’s Office asked him to clarify the order on Tuesday, and attorneys for the plaintiffs did not oppose the state’s request. On Wednesday, Wingate replaced the order with a corrected version.

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The original order lists plaintiffs such as the Mississippi Library Association and Delta Sigma Theta Sorority Inc., who have never been involved in the pending litigation and who do not even have cases pending before the U.S. District Court for the Southern District of Mississippi.

Wingate’s original order also appears to quote portions of the initial lawsuit and the legislation that established Mississippi’s DEI prohibition, making it seem as though the phrases were taken verbatim from the texts. But the quoted phrases don’t appear in either the complaint or the legislation.

Wingate’s corrected order still cites a 1974 case from the U.S. 4th Circuit Court of Appeals, Cousins v. School Board of City of Norfolk. However, when Mississippi Today attempted to search for that case, it appears that either it does not exist or the citation is incorrect.

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