A U.S. appeals court said on Thursday it will reconsider an October ruling that the Consumer Financial Protection Bureau's structure is unconstitutional, virtually guaranteeing the battle over an agency borne of the financial crisis will reach the Supreme Court.

The U.S. Court of Appeals for the District of Columbia Circuit will decide the case after hearing oral arguments on May 24. The 10-member panel of judges deciding the case will be comprised of six judges appointed by Democratic presidents and four appointed by Republicans. Chief judge Merrick Garland will not participate.

This review an October ruling—which since has been taken off the books—made by a three-judge panel that ruled the CFPB has too much power held by its sole director. That ruling also said the president should be able to fire the director at will, but it was stayed pending appeal.

There has been considerable uncertainty about the constitutionality of the agency since the October ruling, and the losing side on the review—either the agency created in the 2010 Dodd-Frank Wall Street reform law or the mortgage lender PHH Corp that sued it—is expected to appeal to the Supreme Court.

Jeb Hensarling, Republican chairman of the House of Representatives Financial Services Committee, is discussing an option of using legislation to allow the president to fire the CFPB director at any time, for any reason. He has stated that the court’s review “has no bearing on the president’s ample authority to remove Director Cordray.”

Alan Kaplinsky, head of the Consumer Financial Services Group at law firm Ballard Spahr, though, said the review limits Trump's options and makes it harder to fire Cordray for cause.