The US Supreme Court on Thursday declined to act on a request from the US Food and Drug Administration (FDA) to reinstate federal regulations requiring patients seeking abortion-inducing pills to pick up the medication in-person at the hospital or clinic, instead of receiving them by mail or delivery.

A federal judge blocked the FDA’s requirements in July, citing “the public interest of safeguard[ing] public health by eliminating unnecessary in-person visits during the [COVID-19] pandemic.” Judge Theodore Chuang reasoned that, in addition to probable constitutional violations, the FDA’s in-person requirements “place a substantial obstacle in the path of women seeking a medical abortion.”

In an unsigned 6-2 order, the court declined to act on a request from the Trump administration to block the district court’s order while on appeal. The government claims that “the injunction is overly broad in scope.” In a somewhat unusual move, the court neither granted nor denied the government’s request.

The court declared it would hold the Trump administration’s request “in abeyance,” and permitted the district court to “promptly consider a motion by the government to dissolve, modify, or stay the injunction, including on the ground that relevant circumstances have changed.” The court said the district court should rule “within 40 days of receiving the Government’s submission.”

Justice Samuel Alito, joined by Justice Clarence Thomas, dissented from the decision, writing that “there is no legal sound reason for this unusual disposition.” Alito further said the inconsistent rulings on COVID-19-related public safety measures, including restrictions on public meetings and rallies, would be highlighted by the express denial of a stay.

The court has only eight justices following the death of Justice Ruth Bader Ginsburg. The confirmation hearing for Judge Amy Coney Barrett, President Donald Trump’s replacement nominee, is scheduled to begin next week.