The U.S. Court of Appeals for the D.C. Circuit on Friday denied a request for an en banc rehearing of a challenge to Attorney General William Barr’s new federal death penalty protocols, with one judge pointing to the U.S. Supreme Court’s direction for the court to not hold up the case.

A three-judge panel on the court ruled 2-1 earlier this year to lift a preliminary injunction placed on the protocols, which would allow federal executions to resume. Judges Neomi Rao and Gregory Katsas, both appointed by President Donald Trump to the bench, disagreed on their legal reasoning but came to the same conclusion on lifting the injunction.