The Supreme Constitutional Court has already forced the lower house to dissolve under a June ruling that said an electoral law used to elect both chambers - and which resulted in an Islamist dominated parliament - was unfair.
The new case once again pits independent lawyers against the Islamists that have come to power since the downfall of Hosni Mubarak and who see the court as stuffed with the former president's appointees.
On Sunday, at its first session since going on strike over President Mohamed Morsi's decision to expand his powers, the court set January 15 as the date for the first hearing. It will also examine the legitimacy of the Islamist-dominated assembly that wrote the constitution that Morsi fast-tracked to approval at a referendum this month.