Opala is asking the U.S. Supreme Court to return the case to federal court for further proceedings.
Opala's attorneys asked the Supreme Court to review what the firm called "an unfavorable decision by the U.S. appeals court in Denver" in Opala's case.
Last July the 10th U.S. Circuit Court of Appeals dismissed Opala's lawsuit.
The case stemmed from a state Supreme Court rule change that Opala said kept him from becoming chief justice in 2005.
The rule change was made Nov. 4, 2004.
Opala then filed a lawsuit in federal court in January 2005 against his fellow justices over rule change.
Before the rule was changed, Opala was scheduled to become the chief justice of the court again.
State Supreme Court Chief Justice Joseph Watt was selected to serve a second, two-year term as chief justice.
Neither Justice Watt nor Opala would comment Friday on the case.
Opala's lawyers said the U.S. Supreme Court likely would consider the case in the next two to three months.
