A federal appeals court panel has ruled against dismissing the case involving Rep. LaMonica McIver, who faces charges stemming from a physical confrontation with immigration officials. The incident, which allegedly involved the representative striking law enforcement with her forearms, has become the subject of a legal battle regarding the legitimacy of the prosecution.

The 3rd Circuit Court of Appeals issued its decision on Wednesday, maintaining that the case against the New Jersey Democrat will proceed for now. However, the ruling was not unanimous. The panel of judges expressed a split in opinion specifically concerning McIver’s defense team’s claims of selective prosecution. While the court declined to toss the charges, the disagreement among the judges highlights the complexity of the legal arguments being presented by the defense.

McIver has been actively seeking to have the charges dropped, arguing that the government's pursuit of the case is improperly motivated. The prosecution maintains that the charges are based on the facts of the incident. With the appeals court’s refusal to intervene at this stage, the legal proceedings are expected to continue in the lower courts. The split decision suggests that while the defense failed to secure an immediate dismissal, the underlying arguments regarding the nature of the prosecution remain a point of contention within the judicial panel.