An incumbent Democrat narrowly won re-election to the state’s highest court. But the Republican-controlled court is considering an unusual protest from her challenger that could flip the result.

In his dissent, Justice Richard Dietz wrote that that permitting such a a case “invites incredible mischief” and will “lead to doubts about the finality of vote counts following an election.”

A state Supreme Court justice won a narrow victory in November. Her challenger argues tens of thousands of votes should be thrown out.