Last week, on Feb. 12, the U.S. Court of Appeals agreed to entertain arguments from both the defense and prosecution as to why or why not the trial for alleged Boston Marathon bomber Dzhokhar Tsarnaev should or shouldn’t be relocated out of Boston. Court will begin at 10 a.m., Thursday, and is open to the public.

That the Court affirmed it would hear arguments was a move rarely granted in a scenario like this and coupled with the fact that presiding Judge George O’Toole has repeatedly denied motions to relocate, makes the proceedings all the more extraordinary.

Each side will have 20 minutes to present their case though neither will be able to reference any of the jurors or the sentiments expressed in their questionnaires.

The defense has argued on several occasions that the jury pool in Boston is too tainted with bias and predetermined judgements concerning the fate of Tsarnaev. Using jury selection questionnaires, references to the Marathon bombing in the aftermath of the tragic Charlie Hebdo shooting, and the fact that a man actually shoveled the Marathon finish line out of snow during a blizzard, the defense contested that a Boston jury overwhelmingly thinks Tsarnaev is guilty.

While the trial could be moved out of Boston, the Court did not grant a stay of jury selection.

“Considering that this matter has been set for a hearing, it would appear to be contrary to First Circuit practice and the principles of due process to deny a stay before the parties have had the opportunity to be heard at that proceeding,” wrote Judge Torruella in his dissent. “Thus, the stay of jury selection should not have been denied at this time.

Jury selection is still ongoing, having been deterred due to the recent inclement weather and the substantial questions posed to jurors by Judge O’Toole during voir dire.