Mississippi has a September deadline to file a response with the U.S. Supreme Court over flying the state flag with the confederate emblem.
Attorney Mike Scott of Philadelphia, Pennsylvania, is asking the U.S. Supreme Court to hear a case brought by a Mississippi attorney arguing the state flag is unconstitutional. Scott says the State of Mississippi initially waived its right to respond. However the court is now requesting a response by September 28. Attorney Mike Scott.
"We think this is a really very positive sign for us. It shows the court is giving serious consideration to our petition for Cert, (Certiorari)" said Scott.
Scott's client, Carlos Moore of Grenada, argues Mississippi's state flag violates the 14th Amendment's Equal Protection Clause. Moore claims he suffers emotional and physical distress because of it. He filed a lawsuit last year, arguing the flag is a relic of the state's slavery past. However, a federal judge ruled Moore's injuries weren't legally sufficient to take up the case. An appeals court agreed. Professor Matt Steffey with the Mississippi College School of Law says the clause doesn't cover emotional injury.
"There's been no physical injury, no property damage, nothing of the sort that is typically required to bring a challenge under the Equal Protection Clause.
Steffey says Moore's attorney is actually asking the U.S. Supreme Court to include emotional injury in the law. While Attorney Mike Scott says the court isn't swayed a lot by politics, recent violence surrounding confederate monuments shows the impact symbols have on people.
"I think what's been happening will help drive home the importance of the case," said Scott.
Scott says they should know in October, if the U.S. Supreme Court will grant them a hearing. Governor Phil Bryant says whatever the flag is or isn't is up to Mississippi voters. The state attorney general's office says they can't comment on pending litigation.