A judge on the U.S. Court of Appeals for the Sixth Circuit criticized the full court’s decision to delay hearing a challenge to Tennessee abortion bans and partially lift an injunction that paused their enforcement, saying the moves “subvert the normal judicial process.”

On Wednesday, the 16-member court delayed hearing the case until the U.S. Supreme Court decides Dobbs v. Jackson Women’s Health Organization, a closely watched challenge to Mississippi’s 15-week abortion ban. The court also allowed a state law to be enforced that makes it a felony to perform an abortion if the provider knows it is being sought because of race, sex or a Down syndrome diagnosis, called the “reason bans.”