AUSTIN (AP) — The Texas attorney general has convinced a federal appeals judge to examine whether the state has a right to deny funding to Planned Parenthood.

Judge Jerry Smith granted the state an emergency stay less than 24 hours after a federal judge in Austin ordered Texas not to enforce a law banning Planned Parenthood from participating in the Women’s Health Program.

The order is the latest development in lawsuit over what criteria Texas can impose on a health care provider that participates in state programs for the poor.

Texas lawmakers don’t want any state funding to go to clinics affiliated with abortion providers, even if they don’t provide abortions and are legally separate from those that do.

Planned Parenthood has sued to stop the law, saying it violates the group’s rights.