A year ago, the U.S. Supreme Court dodged a sensitive constitutional question concerning judicial salaries, but it may face that question again before the next term ends.

On Sept. 7, in a rare en banc hearing by the U.S. Court of Appeals for the Federal Circuit, six current and former federal judges will argue that Congress unconstitutionally withheld judges’ pay adjustments and the Federal Circuit was wrong when it ruled otherwise over a decade ago.