Texas Supreme Court justices on Tuesday questioned the state’s argument that physicians and patients challenging the 2021 anti-abortion law may not overcome the state’s sovereign immunity.

The state, represented by assistant solicitor general Beth Klusmann, appealed directly to the Supreme Court a preliminary injunction order from Travis County 353rd District Court Judge Jessica Mangrum that modified the statute to provide physicians “good faith” discretion when deciding whether to perform abortions where the mother’s life or a major bodily function is at risk.