A judge has ruled Florida Governor Rick Scott cannot subpoena records from the American Civil Liberties Union (ACLU), or question the group’s officials, in a case that challenges the governor’s order calling for drug testing for state employees.

The Associated Press reports that earlier this year, the governor ordered random drug testing for current state employees and drug testing for all new state hires.

In June, Governor Scott suspended the drug testing order until the lawsuit by the ACLU is resolved. The ACLU says that requiring drug testing for workers, without regard to suspicion of drug use or other related activity, violates their constitutional protection against unreasonable searches. The drug testing suspension does not affect the Florida Department of Corrections, which already tests its employees.