Nine Midwestern militia members want the full federal appeals court to decide whether they should remain in jail while prosecutors challenge a decision to release them until trial.
But the court responded Wednesday by saying the nine must instead go back to the three-judge panel that ruled against them Monday and ask for a second look.
Members of a group called Hutaree are charged with conspiracy to commit sedition against the government. They are from Michigan, Ohio and Indiana.
A federal judge in Detroit says they should go home with 24-hour electronic monitors. The appeals court in Cincinnati has put the government's appeal on a fast track, but militia members in the meantime must stay in jail.
Defense lawyers say the three-judge panel made errors.