A three-judge panel of the U.S. Court of Appeals for the Second Circuit on Thursday upheld the constitutionality of the Consumer Financial Protection Bureau’s funding structure, teeing up a circuit split.

The U.S. Supreme Court in February agreed to review a ruling by the U.S. Court of Appeals for the Fifth Circuit that the CFPB’s funding structure violated the Constitution’s appropriations clause. The case is set to be heard next term.