TOPEKA — A California judge said states suing the federal government over demands for food program data are likely to win their claims and ruled program funding must continue while the case progresses.

Kansas Gov. Laura Kelly and Department for Children and Families Secretary Laura Howard have been criticized and sued by state Republican leaders for refusing to turn over Supplemental and Nutrition Assistance Program data, potentially causing the USDA to withhold $10 million in administrative costs. The state has appealed that decision.

Although Kansas didn’t join the national lawsuit, state leaders are watching the outcome, as it may support their reasons for refusing to yield to USDA demands.

A spokeswoman for the governor’s office said it wouldn’t comment about ongoing litigation.

In a 25-page order filed last week, U.S. District Judge Maxine Chesney considered the arguments of 21 states and the District of Columbia that have signed onto the lawsuit.

The national case was filed in the Northern District of California in July, outlining why states believe the federal request for personal data of SNAP recipients and applicants violates privacy rules.

Plaintiff states are likely to establish that they are not required by SNAP Act provisions to provide data and “consequently, have shown a likelihood of success on their claim that USDA, in demanding such data, acted in a manner contrary to law,” Chesney wrote.

To determine her ruling on the injunction, Chesney considered multiple factors, including whether the plaintiffs are likely to succeed based on case merits and whether they are likely to suffer irreparable harm.

Howard told Kansas Reflector the state is concerned that turning over private data before the California lawsuit is settled could put the state at risk.

“I honestly believe that if I were to release that data, then the courts find in favor of the states, then I’m putting the state at liability for releasing the personal information of more than 700,000 Kansans,” she said.

At least 27 Republican-led states have turned over the data requested, according to NPR, while most the states resisting the USDA demands are led by Democrats.