A court hearing on the executive order on immigration is set for 6 p.m. on Tuesday, Feb. 7. The Justice Department is going to ask the 9th Circuit Court of Appeals to immediately reinstate the travel restriction after it was blocked by the attorneys general in Washington and Minnesota.

The judges who challenged the order say that the temporary restraining order on the ban should stay in place because the President “unleashed chaos” by signing it. The order has caused mass confusion in airports across the country, leaving refugees and those with valid visas in conflict with the new law.

The hearing tonight will only decide if the order will remain suspended, not if it is constitutional; so, it is likely that whichever side loses the case will take the issue to the Supreme Court. Since the Supreme Court currently consists of only eight judges, it would be possible for them to split the ruling with a 4-4 tie. In that case, whatever the 9th Circuit Court decides will be upheld.

The two attorneys general from Washington and Minnesota put forward multiple legal arguments against the order, one being that it violates the Establishment Clause in the First Amendment since it shows government preference to certain religions over others. They also said it violates the Equal Protection Clause, part of the 14th Amendment, because it discriminates based on religion and national origin.

Legal challenges so far have been successful and opposition to the order is growing. High ranking national security experts, law professors, and over 100 tech companies, including Google, Apple, and Uber, have told the court they believe the order is unconstitutional.

Tonight’s hearing will be done over the phone with each side having 30 minutes to present their arguments. The whole thing will be live streamed through the court’s public website.