The Republican-dominated North Carolina Supreme Court has been blocking a Democratic judge from certifying her win as her opponent continues to appeal the election results.

Democratic incumbent Justice Allison Riggs defeated her opponent, state appeals court Judge Jefferson Griffin, by 734 votes in November’s election. But Griffin has yet to concede the loss.

Attorneys for Riggs and Griffin argued their cases before the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, on Monday, with North Carolina news outlet The Assembly reporting that the four-judge panel appeared likely to send the case back to state court.

“What we are witnessing in North Carolina is nothing less than a blatant attempt to overturn a free and fair election,” Democratic State Rep. Deborah Boss said at a news conference on Monday.

Here’s what we know

Republican judge makes irregular appeal to deny election result

Griffin protested the election results to the State Board of Elections in December on grounds that the board’s rules for absentee and early voting violated state law, according to The Assembly.

Griffin is arguing that the registration records of more than 60,000 voters contained no driver’s license numbers or Social Security numbers, which they must provide when registering − according to Reuters.

“We filed these protests because we believe the winners of these elections should be determined by eligible voters and only eligible voters,” Griffin’s attorney, Craig Schauer, told the board at the time − according to the Charlotte News & Observer.

The board dismissed his protest along party lines, arguing that it would be unfair to change the rules after an election.

Griffin then appealed the decision to the North Carolina Supreme Court, skipping the normal process that would begin in Wake County court, according to The Assembly.

“The idea that someone could have been registered to vote, came to vote and then has their vote discarded is anathema to the democratic system and simply cannot be tolerated,” Board Chair Alan Hirsch − a Democrat − said at the time, according to the Observer.

Griffin’s campaign but immediately respond to USA TODAY’s request for comment.

Case thrown between courts

Following Griffin’s appeal to the state Supreme Court, the election board filed its own appeal in federal court, saying that the case was a matter of federal law. The board also argued that that Griffin’s request to nullify ballots would “retroactively disenfranchise” voters and “violate numerous federal civil rights laws.”

On Jan. 6, a federal judge appointed by President Donald Trump rejected the board’s appeal. The election board subsequently appealed to the higher federal court that heard arguments Monday.

The North Carolina Supreme Court blocked certification of the election by a 4-2 vote on Jan. 7, with Riggs recusing, five Republican justices granting a stay and one Republican judge along with the lone remaining Democrat voting against it.

“Permitting post-election litigation that seeks to rewrite our state’s election rules − and, as a result, remove the right to vote in an election from people who already lawfully voted under the existing rules − invites incredible mischief,” Justice Richard Dietz, the lone Republican dissenter, wrote. “It will lead to doubts about the finality of vote counts following an election, encourage novel legal challenges that greatly delay certification of the results, and fuel an already troubling decline in public faith in our elections.”

Justice Trey Allen wrote in a concurring opinion to the unsigned stay that the decision was to provide time for courts to hear the appeal.

“I write separately to stress that the Court’s order granting Judge Griffin’s motion for temporary stay should not be taken to mean that Judge Griffin will ultimately prevail on the merits,” Allen wrote.

On Jan. 22 the state Supreme Court − with Riggs recusing − unanimously dismissed a request for a ruling on the case by Griffin and sent it to Wake County court with the stay on certifying the results intact.

The Assembly reported that the judges on the 4th Circuit, comprised of appointees two Republican appointees − made by Trump and George H.W. Bush − and one Joe Biden appointee, were likely to send the case back to the state.

Griffin’s lawyer Will Thompson, said in court Monday that the case should be sent back to the state in the wake of the State Supreme Court’s decision, according to the Associated Press.

“My position would be the petition for writ of prohibition cannot come back to life because the state’s highest court has dismissed it on state law grounds,” Thompson told the court.

A hearing in Wake County court is scheduled for Feb. 7, according to The Assembly.

“It’s important to not lose sight of the fact that Justice Riggs’ victory is the last uncertified race in this country, as we stand here today, because of the stay of certification in this case,” Samuel Hartzell, Riggs’ attorney, told the court Monday, according to The Assembly.