The U.S. Supreme Court generally dislikes skipping review of cases by federal appellate courts, but the U.S. Justice Department’s challenge to Texas’s six-week abortion ban could join the relatively small number of cases where it has taken that step.

The Biden administration on Monday not only asked the justices to block enforcement of the Texas law, but suggested reviewing its challenge this term by granting “certiorari before judgment.” The “before judgment” refers to the U.S. Court of Appeals for the Fifth Circuit, which stayed a district court’s preliminary injunction against the law last week and ordered arguments later this year.