The Federal Communications Commission (FCC) and the Justice Department have petitioned an appeal to a 2011 ruling, stating that the incident was "shocking and pandering".
The incident took place in February 2004, when Jackson's breast was left exposed after Justin Timberlake accidentally tore off a part of her costume.
The 3rd Circuit Court of Appeals in Philadelphia ruled last year that a $550,000 fine given to the CBS station where the performance aired was an exaggerated punishment.
It had originally overturned the fine in 2008, but the higher Supreme Court 'vacated' or struck out the judgment, referring the case back to them in 2009.
Since the incident, which prompted a public outcry, Jackson has continued to tour and has starred in movies including Tyler Perry's Why Did I Get Married? and For Coloured Girls.
Jackson was rumoured to be attached to the coming season of The X Factor USA but declined the offer, reportedly citing a busy schedule.
Watch Janet Jackson perform at the 2004 Super Bowl below: