A federal judge said Tuesday that the U.S. Court of Appeals for the Ninth Circuit misstated his position on COVID-era jury trials and ordered supplemental briefing in a case the U.S. Supreme Court already has declined to review.

U.S. District Judge Cormac Carney plans to issue another order that better details why he believes jury trials could have been safely conducted during the 14 months the Central District of California wouldn’t allow them, continuing a stance an appellate panel rejected last year as “an unnecessarily inflexible interpretation” of the Speedy Trial Act.