Florida is asking a full federal appeals court to take up a dispute about whether the U.S. Department of Justice can pursue a lawsuit against the state over alleged violations of the Americans with Disabilities Act, a case stemming from concerns about “medically fragile” children being placed in nursing homes.

Lawyers for the state last week asked for a rehearing before the full 11th U.S. Circuit Court of Appeals, a request known as seeking an “en banc” hearing. The request came after a three-judge panel of the court in September backed the authority of the Department of Justice to pursue the lawsuit.