AUSTIN, Texas (CBSDFW.COM/AP) — A federal appeals court has sided with Texas and allowed the state to ban most abortions while under an emergency order limiting non-essential surgeries during the coronavirus pandemic.

A panel of judges at the New Orleans-based Fifth Circuit Court of Appeals on Tuesday overturned a decision by a lower court that blocked the order.

The new ruling allows the ban to stay in place. Texas Republican Gov. Greg Abbott last month ordered hospitals to cancel “non-essential” surgeries to preserve space and supplies for coronavirus patients and doctors.

Abortion groups, including Planned Parenthood sued to remove the procedure from the ban.

The federal lawsuit is among the most high-profile challenges to a government response to the coronavirus pandemic.

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