An incumbent Democrat narrowly won re-election to the state’s highest court. But the Republican-controlled court is considering an unusual protest from her challenger that could flip the result.

A federal appeals court has agreed to hear more arguments involving a close election in November for a North Carolina Supreme Court seat.

In his dissent, Justice Richard Dietz wrote that that permitting such a a case “invites incredible mischief” and will “lead to doubts about the finality of vote counts following an election.”