The Kentucky Supreme Court agreed to hear the case on the legality of instant racing Friday.
The Kentucky Horse Racing Commission created a regulation allowing it, which the Franklin County Circuit backed. Later, the court of appeals sent it back.
Now, it's going to the high court.
And those both for and against the slot machine-type game--which allows people to bet on races that have already been run--said they can see the court ruling in their favor.
"We're optimistic, though we had expected them to send it back down just as the court of appeals had--to the circuit level," said Ken Ostrander, executive director for The Family Foundation of Kentucky.
"Keeneland's interest in this is only the same as its interest always is...and that's supporting thoroughbred racing," said Bill Lear, counsel for The Keeneland Association.
Two racetracks already have instant racing: Kentucky Downs and Ellis Park.