An appeals court declined the Justice Department’s request to reinstate President Donald Trump’s executive order limiting birthright citizenship, setting up a potential emergency application to the Supreme Court.

The Trump administration went to the Supreme Court after a panel of judges at a D.C.-based federal appeals court ruled 2-1 to uphold the lower court’s ruling shielding Dellinger, whom former President Joe Biden appointed to a five-year term at the Office of Special Counsel, which handles issues like protecting whistleblowers against retaliation.