Judge Henry Wingate had a tough day.
The district judge issued a preliminary injunction barring enforce-
ment of a new state law regarding diversity, equity, and inclusion. We vacate
the injunction and remand for reassignment to a different district judge.
The proceedings in the district court were a botch job, to say the least.
Judge Henry Wingate issued a temporary restraining order (“TRO”) enjoin-
ing 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.
At oral argument in this court, it was discovered that even the “cor-
rected” TRO—which was incorporated by reference into the preliminary
injunction order—still contained hallucinated information (namely, a cita-
tion to a purported Fourth Circuit case, “Cousins v. School Bd. of City of
Norfolk,” that does not exist).
This district judge carelessly exercised his Article III power by issuing
sloppy edicts based on falsehoods and fabrications.
Moreover, the district court got the law wrong.
https://www.ca5.uscourts.gov/opinions/pub/25/25-60496-CV0.pdf