The Michigan Civil Rights Commission is fighting state Attorney General Bill Schuette in court.
Schuette wants to restore the voter-approved ban on affirmative action in university admissions.
The commission has filed a brief with a federal appeals court saying the court made the correct decision.
A panel of the U.S. Sixth Circuit Court of Appeals struck down the ban on affirmative action in admissions policies last month.
The Michigan attorney general is now asking the entire court to reconsider and reverse that decision.
He says the court should give deference to the wishes of Michigan voters who approved the ban in 2006.
The Civil Rights Commission is an independent agency. The members of the commission were all appointed in recent years by Democrat Jennifer Granholm when she was governor.
The brief filed by the commission says universities, not voters, should be trusted to make decisions in the best interests of their students, and it was unconstitutional to single-out admissions policies dealing with race and gender diversity on the ballot.
There is no word on when the court may decide whether to reconsider the decision.