New York’s top court on Tuesday declined to hear Donald Trump’s gag order appeal in his hush money case, leaving the restrictions in place following his felony conviction last month. The Court of Appeals found that the order does not raise “substantial” constitutional issues that would warrant an immediate intervention.

The decision is the latest legal setback for the Republican former president, who has repeatedly railed against the gag order, which prevents him from commenting on witnesses, jurors and others who were involved in the case. But it could be short lived. The trial judge, Juan M. Merchan, is expected to rule soon on a defense request to lift the gag order.

Trump’s attorneys filed a notice of appeal with the state’s high court on May 15, during the former president’s landmark criminal trial. They argued that the gag order restricted Trump’s “core political speech on matters of central importance at the height of his Presidential campaign.”

But the Court of Appeals disagreed. In a decision list posted on Tuesday, the court said it would not automatically hear the case, writing that “no substantial constitutional question is directly involved.”