The federal appeals court in Atlanta will decide whether district court judges have inherent power to order the disclosure of grand jury materials without new guidance from the U.S. Supreme Court, which last week turned away a chance to rule in a similar case.

The justices on Jan. 21 let stand a ruling by the U.S. Court of Appeals for the D.C. Circuit that said judges don’t carry that authority. The justices’ inaction means lower court precedents will remain conflicted on the issue.