U. S. Supreme Court will not hear Mississippi state flag case

The court issued the ruling in a lawsuit filed by Grenada attorney Carlos Moore.

Posted: Nov 27, 2017 10:48 AM
Updated: Nov 27, 2017 10:56 AM

JACKSON, Miss. (AP) — The U.S. Supreme Court on Monday rejected an appeal from an African-American attorney who called the Confederate battle emblem on the Mississippi flag "an official endorsement of white supremacy."


The justices did not comment as they ended a lawsuit by lawyer Carlos Moore that sought to have the flag declared an unconstitutional relic of slavery.

Mississippi has used the same flag since 1894. It's the last state banner featuring the Confederate symbol, a red field topped by a blue tilted cross dotted by 13 white stars. Critics say the symbol is racist. Supporters say it represents history.

Moore said Monday that he has received five death threats because of the lawsuit and three death threats because he removed the Mississippi flag from his courtroom after he became a Clarksdale city judge. He said he's disappointed but not surprised that justices chose not to consider the case.

"We always knew it was a long shot," Moore told The Associated Press.

He said he believes the flag hurts the economy in Mississippi, a state with a 38 percent black population.

"We're hopeful that one day the flag will come down," Moore said. "It seems that the public sentiment continues to change, and I am confident that it will come down in my lifetime and definitely in my daughter's."

Moore's lawsuit argued, in part, that the flag is an oppressive symbol that his daughter, who's now 7, should not have to face in her public school.

Republican Gov. Phil Bryant has called Moore's lawsuit "frivolous." Bryant has said repeatedly that if the flag design is to be reconsidered, it should be done by a statewide vote as it was more than 16 years ago.

In an April 2001 referendum, Mississippi residents voted to keep the flag. But the banner and other Confederate symbols have come under increased scrutiny since 2015, when nine black worshippers were shot to death in a church in Charleston, South Carolina. A white man who had posed in photos glorifying the rebel flag was sentenced to death in the fatal shootings, which police contend were racially motivated.

Several cities and towns and all eight of Mississippi's public universities have stopped flying the state flag amid concerns that it is offensive. Many pulled the flag from display after the Charleston church massacre.

Moore filed his lawsuit in February 2016. A federal district judge and an appeals court ruled against him, but his attorneys asked the Supreme Court in June to consider the case during the term that began in October. The court accepts a fraction of cases on appeal.

In written arguments filed to the Supreme Court on Oct. 18, attorneys for the governor wrote of Moore: "All in all, Petitioner alleges that he personally and deeply is offended by Mississippi's state flag — and the sincerity of those beliefs is not doubted." But the state attorneys said a lawsuit must show an "allegation of discriminatory treatment," and Moore failed to do that.

Mississippi Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 112123

Reported Deaths: 3223
CountyConfirmedDeaths
Hinds7796173
DeSoto670178
Harrison484483
Jackson435081
Rankin383786
Madison373993
Lee344979
Forrest296377
Jones283782
Washington252197
Lafayette242642
Lauderdale2376131
Lamar217138
Bolivar198377
Oktibbeha195854
Neshoba1814111
Lowndes174962
Panola166337
Leflore160787
Sunflower157649
Warren152755
Monroe145972
Pontotoc143819
Pike137256
Lincoln135555
Copiah135036
Marshall134826
Scott123829
Coahoma123436
Grenada120038
Yazoo119333
Simpson118649
Union115225
Holmes113560
Leake113340
Tate113239
Itawamba110424
Pearl River108958
Adams104343
Prentiss102619
Wayne98721
Alcorn96012
George93917
Marion92942
Covington92525
Tippah85921
Newton84427
Chickasaw82625
Winston82221
Tallahatchie81825
Tishomingo79341
Hancock78127
Attala77626
Clarke72349
Clay67621
Jasper67417
Walthall63327
Calhoun61412
Noxubee59617
Smith58316
Claiborne53216
Montgomery52923
Tunica52217
Lawrence49914
Yalobusha49314
Perry48122
Carroll46312
Greene45518
Stone45014
Amite41713
Quitman4146
Humphreys41216
Jefferson Davis39811
Webster36613
Wilkinson33020
Kemper32015
Benton3154
Sharkey27814
Jefferson27010
Franklin2373
Choctaw2036
Issaquena1063
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 153016

Reported Deaths: 2633
CountyConfirmedDeaths
Jefferson22563372
Mobile14335314
Tuscaloosa10023133
Montgomery9759196
Madison904893
Shelby709960
Lee644966
Baldwin640569
Marshall428248
Calhoun412759
Etowah405749
Morgan396833
Houston364632
DeKalb319628
Elmore310752
St. Clair282142
Limestone270828
Walker268892
Talladega258435
Cullman227623
Lauderdale208740
Autauga201029
Jackson200915
Franklin199731
Colbert192228
Russell19053
Dallas185627
Blount184824
Chilton181731
Escambia171328
Coffee16669
Covington166029
Dale163451
Pike130512
Chambers130143
Tallapoosa128686
Clarke127117
Marion104729
Butler99840
Barbour9889
Marengo97221
Winston90413
Geneva8417
Pickens80517
Lawrence80031
Randolph79814
Bibb79114
Hale74529
Cherokee72214
Clay71912
Lowndes70127
Henry6376
Bullock63517
Monroe6319
Washington62212
Crenshaw59330
Perry5806
Wilcox55912
Conecuh55713
Fayette55312
Cleburne5287
Macon52820
Sumter46721
Lamar4565
Choctaw38712
Greene33916
Coosa1973
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