A federal appeals court in Washington, DC, has decided that public interest in recordings of Joe Biden speaking about his life in politics in 2016 and 2017 outweighs any legal claims he has made for privacy.

The decision, from a 2-1 panel of DC US Circuit Court of Appeals judges, sets up the possible release of the tapes, which are being sought by both the Heritage Foundation and by House Republicans who claim they may highlight Biden’s aging and memory struggles years before he became president.

“Any remaining incursion on personal privacy from disclosure of the now-redacted materials likely does not outweigh the public interest in disclosure,” the court said late Monday night.

Yet neither Heritage nor the House will be getting access to the tapes immediately, as Biden continues his court fight. The court put its ruling on hold to allow Biden to appeal if he chooses.

An attorney for Biden didn’t immediately respond to inquiries from CNN.