Monday, October 26, 2026

Bench-Slapped and Bitch-Slapped

Sloppy, bungled, carelessly, falsehoods, fabrications, shoddy.  Such are the words the Fifth Circuit Court of Appeals used to describe the work of U.S. District Judge Henry Wingate Thursday as it removed him from a case. 

This particular tale of judicial incompetence began last year when the Mississippi legislature passed HB #1193.  The bill bars public schools and universities from spending money on DEI programs.  Schools can't mandate DEI programs or diversity trainings nor can they punish students for their views on DEI.  

Teachers' groups, unions, and several individuals sued the state of Mississippi and state officials to block implementation of the law on June 9, 2025 in U.S. District Court.* The case was assigned to Judge Wingate.  



The plaintiffs petitioned Judge Wingate to issue a temporary restraining order (TRO) blocking enactment of the law on July 18, claiming it violated the 14th Amendment and was unconstitutionally vague. Judge Wingate granted the TRO on July 20. This is where the fun begins.  

The TRO contained factual assertions found nowhere in the record.  The hallucinations mentioned plaintiffs and defendants absent in the complaint, declarations from non-existent people, false quotations of the bill, and erroneous claims the law already led to the demise of what were fictitious DEI programs. 

The Attorney General submitted a motion to clarify the TRO two days later. Caught red-handed, Judge Wingate replaced the "bungled" TRO with a back-dated TRO without explanation and issued a preliminary injunction as well. The Attorney General asked the Court to restore the original TRO to the docket but Judge Wingate denied the motion, calling the hallucinations "clerical" errors.  

Senate Judiciary Chairman Charles Grassley arose from the grave to accuse Judge Wingate of using AI to draft the TRO in October. Earlier post. Chastised but hardly chastened, Judge Wingate admitted the errors but blamed his clerks for the fraudulent use of AI.  He defended the removal of the original TRO from the docket, claiming he did so to "avoid confusion."  Uh-huh.  Both TRO's are absent from the docket.  

TRO? What TRO? 

The defendants appealed to the Fifth Circuit for relief.   

The case went downhill for Judge Wingate once it reached New Orleans.  

The Court discovered the "corrected" TRO was not corrected as it included more hallucinations and citations to cases that did not exist.  The hallucinations did not include just phony cases but the names of eleven plaintiffs and two defendants that did not exist.  You can't make this up.  

A fed Fifth Circuit blistered the Reagan appointee Thursday: 

 * The proceedings in the district court were a botch job, to say the least.

* Judge Wingate “carelessly exercised his article III power by issuing sloppy edicts based on falsehoods and fabrications."

* Judge Wingate “dug in his heels,” claiming the hallucinations had no bearing on his order.

* Moreover, the district court got the law wrong. 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. The district court—or perhaps, being charitable, its AI agent—ignored and manipulated governing law, apparently to satisfy a policy agenda.

* It is even worse for the court merely to take the plaintiffs’ claims as true, with barely a glance at the arguments of the defendants. That is legal analysis so poor that it hardly deserves the label. The order defends its analysis by claiming that the plaintiffs “do not seek to challenge HB 1193’s prohibitions on unlawful discrimination,” ignoring the fact that several of the challenged portions arguably do nothing more than prohibit unlawful discrimination.

* The Fifth Circuit said the case "easily calls for reassignment" as public esteem for the judiciary is diminished by sending the case back to the same judge. 

* An objective observer would question the impartiality of the proceedings.  Indeed, the temptation would be too great, the Court held, for Judge Wingate to double down and try to justify the TRO instead of conducting a proper legal analysis. 

* In fact, given that the preliminary injunction order “generally incorporates by reference its discussion and analysis in its TRO,” the hallucinated case discussed above isarguably part of the shoddy reasoning of the preliminary injunction, too

Judges Jerry Smith (Reagan), Catharina Haynes (Bush the Younger), and Kurt Englehardt (Trump) heard the case.  Judge Smith authored the opinion.   



* Plaintiffs: Jackson Federation of Teachers, Barbara Phillips, James Thomas, Dawn Zimmer, L.E. Jibol, United Campus Works Southeast Local 3821, Madisyn Donley, Alexis Cobbs, Karen Aderer, Fostering LGBTQ+ Advocacy Resources, and Environments, Women in Science and Engineering, Joy Parikha, Gregory Powell, Jakob Clark, and a special guest appearance by Ashley Rogers.

Defendants: Attorney General Lynn Fitch, Gee Ogletree (President of IHL Board of Trustees), IHL Board members Don Clark, Amy Arrington and Steven Cunningham. 

Kingfish note: It is time for Judge Wingate to retire or take senior status.  The opinion calls into question the ability of the veteran judge to serve on the bench.  It was bad enough Judge Wingate and his staff got caught misusing AI, even worse they did so after they got caught.  One can hardly expect Judge Wingate to remain impartial when attorneys get caught misusing AI.  If the judge does it....

The Fifth Circuit criticized Judge Wingate for his slow treatment of cases and at one point stopped him from accepting new cases so he could get caught up.  The opinion in this case questions Judge Wingate's competence.  Maybe it is time for the 79 year-old judge to go to the house.  



18 comments:

Anonymous said...

Yet, he's in charge of our damn water. If he does retire, who would oversee JXN Water?

Kingfish said...

Hopefully Johnson or Jordan.

Anonymous said...

Wingate needs to resign YESTERDAY!

Anonymous said...

He he doesn't leave he should be impeached.

Anonymous said...

Sorry: If he doesn't leave he should be impeached.

Anonymous said...

His other cases that go to the fifth circuit
will probably be looked at real close.

Anonymous said...

His decision with the water authority law
is at the fifth circuit.

Anonymous said...

His inability to timely deal with anything has been going on for years. He ALWAYS blames his staff.

Anonymous said...

Crooked Judge, and lawyers in Mississippi? Naw…

Anonymous said...

Don't know if Wingate is crooked or incompetent, but I would characterize him as lazy.

Anonymous said...

"It was those kids! Those damn kids and their space robots!" w,stte: Judge Wingate

Anonymous said...

I'm no lawyer but it has seemed to me that Wingate often gets deeper in the weeds and exceeds his role when considering matters before his court. The JXN Water situation is a clear example. There were times when it seemed he was actually acting as an administrator instead of a judge.

Anonymous said...

I don't think this has much, if anything, to do with Wingate's age.

This 5th Circuit opinion is basically the same opinion we sought on an appeal several years ago, in a completely different and unrelated case, which didn't involve the use of AI.

Anonymous said...

As he seems to blame everything on his staff I suspect that there is a revolving door in the department.

Anonymous said...

I suspect that Wingate's name is on their hit list or maybe his photo is on their dartboard, or both.

Anonymous said...

There needs to be a way someone could have stepped up years ago to question his behavior. Wonder how many other lifetime appointed judges are out there doing/saying crazy shit.

Anonymous said...

Anyone who has spent time in front of him in the last 10 years knows - it is past time to retire.

Anonymous said...

Hope it doesn't get assigned to Carlton Reeves.


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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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