A divided panel on the U.S. Court of Appeals for the Second Circuit upheld the dismissal of former Republican Congressman Devin Nunes’ defamation lawsuit against CNN.

At the heart of the issue was which states’ laws should govern the case, given the allegedly defamatory online article was published in multiple jurisdictions simultaneously. The panel’s majority, which included Judges Michael Park and William Nardini, held that California law applies because that is where Nunes suffered the greatest reputational injury among his constituents.