Michigan's Republican attorney general is welcoming the chance to defend the state's affirmative action ban in the U.S. Supreme Court.
Bill Schuette said Monday that entrance to college "must be based upon merit."
In the fall, the Supreme Court will hear Schuette's appeal of a federal appeals court decision striking down the 2006 ban on consideration of race in college admissions.
Opponents of the law are hopeful the Supreme Court will uphold the appeals court. ACLU lawyers say it is discriminatory because schools can still consider whether a student is a "legacy" who has family who attended the school.
The appeals court said forcing opponents of the ban to mount their own long, expensive campaign through the ballot box to protect affirmative action amounts to different, and unequal, treatment.