AI drafting errors fuel clash over Mississippi school DEI ban

Mississippi’s Deputy Solicitor General Anthony Shults urged a three-judge Fifth Circuit panel to overturn a preliminary injunction that blocks parts of a state law restricting diversity, equity and inclusion teaching in public schools. He highlighted that a district court order, initially drafted with artificial-intelligence assistance, contained errors such as a citation to a case that does not exist. Plaintiffs, led by the Mississippi Center for Justice and the ACLU of Mississippi, argue the statute’s language on “divisive concepts” effectively bans instruction on race, slavery, gender and related subjects and is vague enough to violate constitutional rights.

During the hearing, the judges—appointed by Presidents Bush, Reagan and Trump—explored whether a minor legislative tweak could address the concerns, but both parties said no such discussion had occurred. While the state seeks to lift the injunction, the plaintiffs warn that reinstating the law would create broad, disruptive limits on classroom discourse. The panel’s decision will hinge on the credibility of the AI-generated order and the law’s interpretive scope.