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.

Experts believe Griffin wants to only have the case be argued at the state level, as the State Supreme Court has a 5-1 conservative majority.

The election battle between a sitting North Carolina Supreme Court justice and her Republican challenger ran into a panel of federal judges Monday concerned that their ruling could welcome a new wave of election litigation.

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.

A federal appeals panel has heard arguments involving a still-unresolved November election for a North Carolina Supreme Court seat. Three judges on the 4th U.S.

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.

The 4th U.S. Circuit Court of Appeals will hear arguments Monday about whether federal or state courts should handle the case.