A Texas city found to be in violation of the Voting Rights Act and the 14th Amendment last month might still be able to use the offending electoral system this coming May.

A three-judge panel of the U.S. Court of Appeals for the 5th Circuit heard arguments Wednesday over whether the city of Pasadena should be forced to revert to its old setup, last used in 2013, or whether it can use a newer system created by the Republican-led city council that turned two of the city’s eight districts into at-large seats.