The Associated Press disclosed that Carlos Moore, a black man in Mississippi will be taking his case against the state's Confederate flag to the U.S Supreme Court. Moore filed a lawsuit in February 2016 proposing that the flag is declared an unconstitutional relic of slavery and is "state-sanctioned hate speech".
Moore disputed that the flag represents white supremacy that harms him and his young daughter. He also said that it violates the Constitution's guarantee of equal protection to all citizens.
The suit was rejected by U.S District Judge Carlton Reeves in September 2016.
Though Reeves ruled against Moore, he disregarded the claim that the emblem had zero connection to slavery, which many flag supporters protested.
He quoted Mississippi's 1861 secession declaration to support his defense: "'Our position is thoroughly identified with the institution of slavery – the greatest material interest of the world.'"
So why did he dismiss Moore's case?
Reeves said that Moore failed to show that the symbol caused an identifiable legal injury and therefore, claimed how upon such he had lacked to show legal standing.
This means that Reeves did not see any reason to consider Moore's claims because the flag did not cause any physical harm to him.
However, under the 5th U.S. Circuit Court of Appeals' against Moore, his attorneys stated, "a city could adopt 'White Supremacy Forever' as its official motto; or a county could incorporate an image of white hooded figures and a noose hanging from a tree into its county seal; or a state could incorporate a Nazi swastika, as an endorsement of Aryan/white supremacy, in its state flag."
Moore's lawyers, Michael Scott and Kristen Ashe, wrote that, "While acknowledging that the Establishment Clause prohibits a state from expressing the view that one religion is superior to, or preferred over others, the court of appeals reached the remarkable and unwarranted conclusion that the Equal Protection Clause does not similarly prohibit a state from expressing the view that one race is superior to, or preferred over, another."
Moore, who is now an attorney, will present to the high court his case to have the symbol removed from the state's flag. No sooner than October 2017 will the Supreme Court decide if they will take the case or not.
The "Magnolia State" is the last to highlight the Confederacy battle emblem.