Instead, he returned to federal court, where another hearing was held. After the hearing the district court concluded that the state courts had not complied with the procedural requirements of "Ford". Nevertheless, it denied relief because, under Fifth Circuit precedent, it was enough that Panetti know simply that he was about to be executed and the "factual predicate" for the execution. The Fifth Circuit affirmed the denial of Panetti's habeas petition, and on January 4, 2007, the U.S. Supreme Court agreed to review the case. The case was argued before the Supreme Court on April 17, 2007, with Texas Solicitor General Ted Cruz appearing for the state.