Governor Fletcher says the Supreme Court should review lower court rulings that the special grand jury that has been investigating his administration can go about its business and indict people if it finds reason.
But there's a new twist on the argument.
Chief Justice Joseph Lambert and Justice John Roach have taken themselves off the case.
And under Kentucky's constitution, that means Fletcher has to appoint two special justices as replacements to hear his own case.
Fletcher has argued that the special grand jury should be told it cannot charge anyone who might be covered by the pardon he issued in August.
Four judges have ruled against Fletcher, saying the grand jury has its own constitutional duties separate from the governor.