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JACKSON, Miss. (AP) — An attorney is making additional arguments in a federal lawsuit that seeks to remove the Confederate battle emblem from the Mississippi flag.

In papers filed Thursday, Carlos Moore says the emblem violates the 13th Amendment to the U.S. Constitution, which outlawed slavery. He says the emblem used by some Confederate troops during the Civil War is a “vestige” of slavery.

Moore filed his lawsuit against Republican Gov. Phil Bryant on Monday, saying the flag violates equal protection guaranteed by the 14th Amendment.

A hearing will be set after Democratic Attorney General Jim Hood files a response for the state.

Bryant’s spokesman says the lawsuit is “frivolous.” The governor says Mississippi voters should decide whether to redesign the 122-year-old banner. It’s the last state flag that includes the Confederate battle emblem.

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