A divided panel of the U.S. Court of Appeals for the Fifth Circuit has reversed an order that would have forced the Catholic Church to turn over third-party discovery to abortion providers who are challenging a new controversial Texas law requiring fetal burials.

The decision Sunday in Whole Woman’s Health v. Smith came just as a group of abortion-rights groups are taking the state to trial this week, seeking to overturn S.B. 8, a law passed last year by the Texas Legislature requiring health care providers to cremate or bury fetal remains.