A Mississippi lawyer has not sufficiently proven that he has been injured by the state’s Confederate-themed state flag for the U.S. Supreme Court to hear his case, attorneys for Gov. Phil Bryant said in court filings.

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.

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Ryan L. Nave, a native of University City, Mo., served as Mississippi Today's editor-in-chief from May 2018 until April 2020. Ryan began his career with Mississippi Today February 2016 as an original member of the editorial team. He became news editor August 2016. Ryan has a bachelor’s in political science from the University of Missouri-Columbia and has worked for Illinois Times and served as news editor for the Jackson Free Press.

One reply on “Bryant asks Supreme Court to toss state flag suit, says lower courts got it right”

  1. “…stigma alone is insufficient…”

    At least Bryant admitted the flag has a negative stigma.
    Baby steps, y’all.

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