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 this moment of crisis, the courts have become the final guardrail against the forces of authoritarianism that seek to undermine the will of the voters.

A federal appeals panel has heard arguments involving a still-unresolved November election for a North Carolina Supreme Court seat

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.

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.