U.S. District Judge Tanya Chutkan appears inclined to decline a request from 14 Democratic state attorneys general to block Elon Musk and his Department of Government Efficiency from accessing federal agencies’ data. The District of Columbia-based judge argued that the states did provide enough initial evidence to justify a restraining order.

The states filed a lawsuit on Thursday, arguing that Musk’s far-reaching authority as the head of DOGE is unconstitutional under the Constitution’s appointments clause. Under the clause, powerful officers in the executive branch are appointed by the president and confirmed by the Senate. Musk, whom Democrats have blasted as an unelected billionaire allowed too close to people’s personal data, is classified as a special government employee.