The eight remaining U.S. Supreme Court Justices have not decided yet whether or not to hear a lawsuit brought by the attorneys general of Nebraska and Oklahoma against Colorado over its 2012 recreational cannabis law approved by voters.
The justices, who were slated on last week to discuss whether or not to take up the matter, had not announced a decision as of Monday, according to the Denver Post.
The attorneys general of Oklahoma and Nebraska filed a lawsuit in December 2014 over Colorado’s groundbreaking law, arguing that it is unconstitutional because it conflicts with federal law and marijuana’s status as a Schedule I controlled substance.
The justices had twice before been scheduled to discuss the matter and whether or not to issue a ruling, but the Post reported that it’s not clear whether the case was even raised among the justices. A list of court orders released Monday did not mention the suit.
The Post noted that the court “may be wary of taking on high-profile cases while operating with only eight justices, following the death of Justice Antonin Scalia.” Which means the case could remain unresolved until a ninth justice is confirmed by the U.S. Senate.