Carlos Moore, a black attorney in Grenada, sued Bryant in February arguing that the state flag is a symbol of white supremacy that harms Moore and his young daughter by violating the Constitution’s guarantee of equal protection to all citizens.
The Confederate battle emblem from the Civil War is emblazoned in a corner of the flag. Critics say the symbol is racist. Supporters say it represents the state’s history.
Federal judges in Jackson and at the appeals level both rejected Moore’s claims. The U.S. Supreme Court ordered Bryant to file a response to Moore’s suit by Oct. 18.
“In a well-reasoned opinion, the Fifth Circuit reached the unremarkable conclusion that that stigma alone is insufficient to satisfy the injury-in-fact requirement in an equal protection claim. This case presents no compelling basis for this Court to disturb the
eminently correct decision below. Further review is unwarranted,” Bryant’s attorneys wrote in a 44-page response.
Supreme Court justices must now decide whether to hear Moore’s case.