A panel on the U.S. Court of Appeals for the Fourth Circuit seems prepared to send a lawsuit from an immigration judges’ union back to the trial court, after changes to a public speech policy challenged in the case and a recent labor agency decision directing the decertification of the union.

The National Association of Immigration Judges last year sued the Justice Department—which houses the immigration courts—alleging First and Fifth amendment violations over a policy blocking the judges from speaking in their personal capacity about the courts or other issues.