The U.S. Supreme Court announced Monday it will rehear a case weighing the constitutionality of the Kansas death peanality on April 25.

Kansas Atty. Gen. Phil Kline originally argued Kansas v. Marsh before the Kansas Supreme Court in December 2004. The court ruled 4-3 that the state’s death penalty law was unconstitutional.

The case then went to the high court, where Sandra Day O’Connor was still a member. On March 24 this year, the court announced it would rehear the case with the addition of Justice Samuel Alito.