This post has been updated since it was originally published.

The dispute between the Federal Communications Commission and CBS over Janet Jackson’s wardrobe malfunction at the 2004 Super Bowl has reached the Supreme Court.

At the same time the Obama administration appealed the case to the Supreme Court, it asked the court to hold its decision pending the outcome of a separate case on nudity on network TV. In January, the court heard arguments in two other cases that challenge the FCC’s right to monitor broadcasts for profanity and nudity: FCC v. Fox Television Stations and FCC v. ABC.

In November, the 3rd Circuit Court of Appeals said that the FCC acted improperly in fining the network for the moment of brief nudity in the halftime show that featured singers Janet Jackson and Justin Timberlake.

The decision in the fall called the agency’s ability to police the airwaves into question, The Washington Post reported.