Senate Republicans are currently short of the votes they need to overturn a critical consumer protection rule, Sen. John Thune, a member of Republican leadership from South Dakota, said on Tuesday.

With all eyes on health care, the urgency of Puerto Rico’s humanitarian crisis, and President Donald Trump’s ongoing NFL feud, Senate Republican leaders are scrambling to secure the votes to overturn a Consumer Financial Protection Bureau rule that bars companies from forcing consumers into arbitration in boilerplate contracts nobody reads. If they are successful, they will effectively be protecting financial companies from class-action lawsuits and forcing consumers to forfeit their right to a day in court.

When asked by The Intercept whether he expects a vote this week, Thune said he wasn’t sure. The decision, he said, is a “judgment call the leader will have to make about what he slots in given the opening that we now have,” referring to the Graham-Cassidy health care bill that was killed on Tuesday, freeing the Senate up to focus on other legislation.

Asked if one problem was a lack of votes, Thune said yes. “There are some issues related to that, that I think are still being worked on, and I suspect that it probably won’t come up unless they think, unless [Senate Majority Leader Mitch McConnell is] convinced we have the votes for it. They’ve been whipping it,” he said.

Meanwhile, the House has already passed a resolution overturning the rule.

Sen. Lindsey Graham, R-S.C., opposes the move and several other Republicans are undecided, including Sen. John Kennedy of Louisiana and Sen. Susan Collins of Maine. Sens. Lisa Murkowski, R-Alaska, and Rob Portman, R-Ohio, have not publicly supported the vote either. The 52 Senate Republicans can only lose two votes if they want to meet the 50-vote threshold they need to move forward, as Democrats are confident they can put up a unified opposition.