U.S. District Judge Timothy J. Kelly on Tuesday denied an emergency motion for a temporary restraining order to bar Office of Management and Budget Director Mick Mulvaney from becoming acting director of the Consumer Financial Protection Bureau. The decision allows Mulvaney, who took the job Monday, to remain in a post where he has already implemented a so-called soft freeze on regulatory enforcement.

Kelly said he expected lawyers for Leandra English, the bureau’s deputy director who sued to stop Mulvaney from taking the job, to pursue their case further.

CFPB Director Richard Cordray resigned Friday, but before doing so, he named English, his chief of staff, deputy director, a move that allowed her to become acting director when Cordray’s resignation became official at midnight Friday. President Donald Trump quickly moved to name Mulvaney to the post and English sued for a restraining order to keep him from assuming the post.