For the time being, proceedings in the lawsuits against the Department of Labor’s fiduciary rule will continue as scheduled, in spite of Donald Trump’s unexpected victory in Tuesday’s presidential election.

This is according to two Employee Retirement Income Security Act experts.

The Trump victory has called into question whether his administration will seek to stay and dismantle the fiduciary rule, which requires all advisors to IRAs and 401(k) plans with fewer than $50 million in assets to serve as fiduciaries.

If the new administration opts to go that route—speculation since Tuesday’s outcome has suggested it may or may not have the rule in its crosshairs—there is the possibility the lawsuits could be affected once they reach the appellate courts for consideration.

Four lawsuits are being considered in four different federal districts. One, National Association of Fixed Annuities v. DOL, has already been ruled on in the District Court for the District of Columbia, where Judge Randolph Moss dismissed NAFA’s motions for preliminary injunction and summary judgment, ruling that DOL acted within its statutory limits to promulgate the rule.

NAFA has said it will pursue an expedited appeal, an option available in the D.C. circuit, but not all Circuit appellate courts.

Suits brought in the other district courts are expected be heard by judges more favorable to business interests relative to the District Court in D.C., which has a reputation for ruling for regulatory agencies, particularly the DOL.

A ruling in favor of industry in the Northern District of Texas, the District of Kansas, or the District of Minnesota, will likely be appealed by DOL.

That raises the potential of an appellate split, where one Circuit Court rules in favor of DOL, and another in favor of industry.

The potential for that outcome, which some observers speculate was a part of industry’s larger legal strategy, could invite a review of DOL’s authority to promulgate the rule by the Supreme Court.

In Market Synergies Inc. v. DOL, oral arguments have already been heard in the District of Kansas, which has yet to issue a ruling.

In the Northern District of Texas, oral arguments are scheduled for November 17^th in a suit brought by a consortium of interest groups that includes the U.S. Chamber of Commerce and the Securities Industry Financial Markets Association.

A hearing for a suit brought in Minnesota by Thrivent Financial has yet to be scheduled.

If and when decisions in the district courts are appealed, a decision could take up to a year and a half if the appeals process is not expedited, according to Erin Sweeney, counsel with Miller & Chevalier.

If the Trump administration is able to dismantle the rule, either through administrative action or through legislation, all bets are off, says Sweeney.

“My guess is that the Trump administration would put the rule on hold before April, which could cause the courts to consider whether or not they even have a ‘case or controversy’ in front of them,” said Sweeney.

“If the rule is on hold, how are the plaintiffs harmed by the rule – let alone ‘irreparably harmed’, which is the standard for a preliminary injunction?  Even if the courts do decide the cases with the rule on hold, the Supreme Court would also have to be confident that a ‘case or controversy’ existed in order to take the case.  In all cases, if the rule is on hold, expect decreased motivation on the part of the Supreme Court to take the case,” she added.

Larry Goldbrum, SVP, Director of ERISA Fiduciary Services, Reliance Trust Company – an FIS company, said the lawsuits would be moot if the new administration repeals the rule.

But at this point, too little is known to make predictions. “It may not be known for some time whether the rule is completely repealed, partially unraveled, or merely delayed pending review by the new administration,” said Goldbrum.

“It appears that at least for the time being, the cases will proceed until some definitive action is taken by the new administration. The current administration is likely to continue to expect compliance by April 2017,” he said.