The U.S. Fourth Circuit Court of Appeals heard arguments in the uncertified race for a seat on the North Carolina Supreme Court

Monday’s arguments will center on whether the case should be decided by state or federal courts — a decision which could be crucial in whether the results of the race are ultimately overturned.

In a pivotal hearing in the North Carolina Supreme Court elections case, the lawyer representing the state Board of Elections faced a barrage of questions from a federal court of appeals judge about the appropriateness of calling back to federal court a case that the state Supreme Court had acted on.

Three judges on the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, heard, among others, from attorneys for Democratic Justice Allison Riggs, trailing Republican challenger Jefferson Griffin and the State Board of Elections,

The lawsuit is proceeding in state and federal court at the same time, a rare occurrence that mirrors the rare nature of the attempt to throw out ballots months after the election ended.