The Family Foundation told Franklin Circuit Judge Thomas Wingate on Wednesday that it might move to block the "Instant Racing" case.
Kentucky racetracks, along with state officials, on July 20 requested a ruling from the court on whether it is constitutional for tracks to install the form of electronic gambling after the Kentucky Horse Racing Commission approved regulatory changes to permit betting on "historical races."
The Family Foundation, a conservative advocacy group that opposes expanded gambling, questioned whether the court could take up the case without an opponent but said the group might be forced to intervene to keep its legal options open. It is unclear if the group could argue against the issue without becoming a party to the case.
Wingate left the door open to revisit that issue. Briefs are due by the end of the month.