The U.S. Supreme Court’s recent decision in the legal battle over Texas’ ban on abortions after six weeks of pregnancy may not result in the “relief without delay” urged by some justices as it returns to the U.S. Court of Appeals for the Fifth Circuit.

Justice Neil Gorsuch, who wrote the main opinion in Whole Woman’s Health v. Jackson, on Thursday agreed to the abortion providers’ request that the Dec. 10 judgment be issued immediately and not after the usual 25-day wait. But Gorsuch also returned the judgment to the Fifth Circuit, and not to the federal district court as the providers requested, where proceedings were stopped by the appellate court.