Proponents of Instant Racing are asking the Kentucky Supreme Court to hear a case concerning its legality now rather than letting it go back to a lower court, according to an article in the Louisville Courier-Journal.

In June, a Kentucky Court of Appeals panel ruled that Franklin Circuit Judge Thomas Wingate erred in not letting the Family Foundation of Kentucky, a group which opposes expanded gambling, gather more evidence before ruling that the game is a legal form of pari-mutuel gambling.

“No one can refute that we were denied our day in court when we were forbidden to ask questions in the Franklin Circuit Court,” Family Foundation senior policy analyst Martin Cothran said in a statement to the Courier-Journal. “We would be stunned if the Supreme Court accepts review when, as the appellate court agreed, it is so clear that our basic constitutional due process rights were denied.”