COLUMBIA, S.C. (AP) — A judge upheld his earlier ruling Friday that allows the Catawba Indian Nation to operate video poker on their reservation despite a statewide ban on the games.

Judge Joseph Strickland denied Attorney General Henry McMaster’s request to reconsider his Dec. 13 ruling. McMaster wanted the rehearing, a necessary step before filing for an expedited appeal before the state Supreme Court.

The tribe sued the state in July, saying it needed to open a video gambling parlor to recoup profits lost at its Rock Hill bingo hall when South Carolina began a statewide lottery in 2002.

Jay Bender, attorney for the Catawbas, said he expected both sides would request the lawsuit go directly to the state Supreme Court.