Judges on the U.S. Court of Appeals for the Fifth Circuit hinted Friday they will send a question regarding a challenge to Texas’ six-week abortion ban to the state’s Supreme Court, a move that would deal a setback to abortion providers fighting the law.

The U.S. Supreme Court earlier this month allowed the lawsuit brought by Whole Woman’s Health to go forward, but only against four medical licensing officials. After the case was remanded to the Fifth Circuit, Texas asked the court to certify a question about whether licensing officials have the authority to enforce the law to the state’s Supreme Court.