President Donald Trump’s administration dropped Thursday its appeal of a court ruling that suspended his travel ban targeting refugees and seven Muslim countries and said it would replace the measure with a modified version.

The Justice Department announced the move in a brief filed with the Ninth Circuit Court of Appeals in San Francisco. It said the new order would address complaints from a three-judge panel that parts of the order were unconstitutional.

“Rather than continuing this litigation, the President intends in the near future to rescind the Order and replace it with a new, substantially revised Executive Order to eliminate what the panel erroneously thought were constitutional concerns,” the brief states.