U.S. District Judge J. Thomas Marten on Tuesday scheduled for a status conference by telephone for May 12 in the case.

An appeals court panel ruled in March that Kansas can strip two clinics of federal family planning money while Planned Parenthood moves forward with its challenge of a state law it says is retaliation for its advocacy of abortion rights.

At issue in the case is money distributed to states under a federally financed family planning program. Kansas appealed a lower court’s order to fund the clinics until the case was resolved.