A divided panel on the U.S. Court of Appeals for the D.C. Circuit on Monday once again ruled that the House lawsuit seeking former White House counsel Don McGahn’s testimony must be dismissed, finding lawmakers do not have a cause of action to bring forward the suit.

The panel decision is the latest blow to House Democrats, who have sought McGahn’s testimony for more than a year. The former White House counsel, now at Jones Day, was named by then-special counsel Robert Mueller III as a witness to several instances of potential obstruction of justice by President Donald Trump, but the Trump Justice Department has argued McGahn has “absolute immunity” from appearing before Congress.