Jackson, MS -A federal judge dismissed a lawsuit Thursday, which sought to change the Mississippi state flag, according to ABC affiliate WLOX. Friday, Attorney Carlos Moore announced his intention to appeal the dismissal.

Moore filed the suit, asking the flag be declared an unconstitutional relic of slavery. He pointed to the Confederate battle emblem on the flag. Judge Carlton Reeves dismissed the case, citing that Moore failed to show the emblem on the flag caused “cognizable legal injury.”

In a statement Friday, Moore said:

“I am happy to now have pro bono counsel from one of the country’s largest international law firms. My lawyer feels that Judge Reeves improperly dismissed the lawsuit and that the case should have been allowed to proceed to trial on the merits. We are hopeful that the 5th Circuit Court of Appeals will reverse Judge Reeves and remand the case to him for a full trial on the merits. The Notice of Appeal will be officially filed next week.”

Governor Phil Bryant issued the following statement on Facebook Thursday following the decision.

“In regards to a United States District Court dismissing the State of Mississippi flag case challenging whether it is constitutional, I am pleased with Judge Reeves’ decision. What the state flag is or is not should be decided by Mississippi voters.”

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