A Tennessee judge on Monday blocked the use of the National Guard in Memphis under a crime-fighting operation by President Donald Trump but also put the order on hold, giving the government five days to appeal.

Davidson County Chancellor Patricia Head Moskal’s decision sides with Democratic state and local officials who sued, contending that Republican Gov. Bill Lee cannot deploy the Tennessee National Guard for civil unrest unless there is rebellion or invasion, and even then, it would require action by state lawmakers.

The plaintiffs also said another provision spells out a need for a request from a local government to use the Guard in some scenarios, including a “breakdown of law and order,” they said.

Moskal agreed that the defendants have a likelihood of success in their lawsuit based on their claims that calling the National Guard into the city violates the state’s military code and that they have shown “they are suffering or will suffer irreparable harm” if the injunction isn’t granted.

But she also paused the order for at least five days so that the government has time to file an “immediate application for permission to appeal,” without providing her reasoning for that timeline.