Published September 09, 2016
An attorney says he's not surrendering his legal battle to erase the Confederate battle emblem from the Mississippi flag.
Carlos Moore says Friday that he will file a notice next week asking the 5th U.S. Circuit Court of Appeals to revive his lawsuit challenging the banner.
Moore sued the state six months ago, arguing that the rebel X that's been on Mississippi's flag since 1894 is an unconstitutional vestige of slavery that creates a hostile environment for him and other African-Americans.
U.S. District Judge Carlton Reeves dismissed the suit Thursday, saying Moore failed to show a "cognizable legal injury."
Reeves considered pretrial arguments, and Moore says he will ask the appeals court to require Reeves to hold a full trial.
Mississippi's is the last state flag featuring the Confederate emblem.
https://www.foxnews.com/us/attorney-suit-against-confederate-emblem-not-a-lost-cause