Mississippi lawyers urge against reviving lawsuit over Confederate emblem
A small group of Mississippi and Confederate flag-waving citizens participate in a rally on the steps of the Capitol in Jackson, Miss. on July 6, 2015. (AP / Rogelio V. Solis)
Emily Wagster Pettus, The Associated Press
Published Tuesday, December 6, 2016 2:20PM EST
JACKSON, Miss. - Attorneys for Mississippi Gov. Phil Bryant are asking a federal appeals court not to revive a lawsuit that sought to erase the Confederate battle emblem from the state flag.
State attorneys filed arguments Monday with the 5th U.S. Circuit Court of Appeals in New Orleans.
A federal district judge in September dismissed a lawsuit by Carlos Moore, rejecting his argument that the emblem is an unconstitutional vestige of slavery.
Moore on Nov. 1 asked the appeals court to order the judge to hold a trial on his other arguments. Moore says the flag symbolizes a government embrace of white supremacy and the status of him and other African-Americans as "second-class citizens."
The Mississippi flag, used since 1894, is the only remaining state banner with the Confederate battle emblem.