The U.S. Court of Appeals for the Sixth Circuit sent a case challenging a restrictive Kentucky abortion law back to a lower court to reconsider an injunction blocking the statute, but one judge wasn’t happy with the decision.

Judge John Bush, a Trump appointee, said remanding a case targeting Kentucky’s law banning a procedure commonly used in second-trimester abortions means a permanent injunction preventing the law from taking effect will continue, even though it is “potentially invalid” in light of the Supreme Court’s recent ruling overturning two key abortion precedents.