U.S. District Judge Robert E. Payne is maintaining the suspense about the future of a federal lawsuit launched by the Hanover County Branch NAACP seeking to change the names of two schools named for Confederate leaders who fought to maintain slavery.

He hinted that he might kill the suit after listening to arguments at the latest pretrial hearing on Monday, but did not issue a ruling, leaving all parties, including lawyers for the NAACP branch and attorneys for the Hanover County School Board, on tenterhooks awaiting his written decision.

A trial is set for May 11 if Judge Payne does not dismiss the case.

The hearing was the latest development in the lawsuit filed Aug. 16 with the goal of removing “the vestiges of a shameful, racist educational system in Hanover County that forces African-American students to champion a legacy of segregation and oppression.”

The suit asks that the court require the Hanover School Board to change the name of Lee-Davis High School, named for Confederate military leader Robert E. Lee and Confederate President Jefferson Davis, and Stonewall Jackson Middle School, named for another Confederate general.

The suit alleges that the names and the associated Confederate symbols create a hostile environment for African-American students through the unconstitutional imposition of government enforced speech.

Judge Payne noted during the hearing that the suit appears to have been filed long past the two-year time limit for challenges, as the School Board’s attorneys have argued, given that both schools have had their names for about 50 years

“I believe that on the face of the complaint, it is time-barred,” Judge Payne said, though he also said there could be exceptions, leaving an opening for the NAACP.

The branch’s lawyers argued that the time limit should not apply in this case.

“Every time a student is compelled to speak a message with which the student disagrees, the student’s rights are violated, and therefore the statute of limitations does not bar that claim,” attorneys wrote in a brief to the judge seeking to prevent the case’s dismissal.

Cyril Djoukeng, a member of the legal team from the firm Covington & Burling representing the branch, indicated that the firm would appeal any dismissal.

“We have confidence in our claims and in the facts that the School Board’s actions are wrong and discriminatory,” Mr. Djoukeng stated in a news release issued after the hearing.

The Hanover School Board has refused to compromise and so far has committed to spending $175,000 to keep the Confederate names.