U.S. District Judge Sharon Gleason, who was nominated by former President Barack Obama, on Sunday threw out the Trump administration’s lawsuit that was an attempt to block Alaska from certifying Tuesday’s Senate results over potential ballot confusion.

Democrat Mary Peltola is running against incumbent Sen. Dan Sullivan, R-Alaska, for Senate. Another candidate by the same name, Dan Sullivan, is on the ballot, which conservatives have said causes confusion for voters. 

The Department of Justice said they plan to appeal the decision.