A federal appeals court will let the Biden administration’s latest extension of the eviction moratorium stay in place, teeing up the U.S. Supreme Court to rule in the case.

Judges Ketanji Brown Jackson, Nina Pillard and Neomi Rao ordered swift briefing in the case after a district judge last Friday said she had to keep the moratorium in place under a prior D.C. Circuit order, despite her misgivings about whether the block on evictions would survive.