Two Scottish appeals judges on Thursday rejected the government's request to appeal a lower court ruling that allowed the case to be heard by the European Court of Justice.
The Luxembourg-based court has a hearing set for Nov. 27.
A group of anti-Brexit politicians is seeking a ruling that Britain can halt the two-year countdown to Brexit that it triggered in March 2017. The process stipulates that Britain will cease to be an EU member on March 29, 2019.
The British government says it has no intention of reversing Brexit. But anti-Brexit campaigners hope Parliament may have the power to stop the country's exit from the EU.
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