WICHITA, Kan. (AP) – The American Civil Liberties Union is challenging a federal magistrate’s recommendation that a court deny its motion to block enforcement of a new Kansas law restricting insurance coverage for abortions.

The ACLU asked U.S. District Judge Wesley Brown on Thursday to let it correct an evidence problem in an affidavit and to grant its motion for a preliminary injunction.

U.S. Magistrate Judge Kenneth Gale recommended earlier this week against issuing the injunction, finding the ACLU failed to lay a proper foundation for its request.

If the temporary injunction is denied, the ACLU says it is requesting an expedited schedule for discovery and summary judgment on the law’s constitutionality.