HONOLULU -- The federal appeals court that ruled Kamehameha Schools' admission policy was illegal agreed on Wednesday to have the case reheard by a larger panel of judges.

In August, a panel of three judges from the U.S. 9th Circuit Court of Appeals ruled against Kamehameha Schools' Hawaiians-first policy in a lawsuit filed by a high school senior identified as "John Doe." Kamehameha Schools then asked for an en banc review of the 9th Circuit Court's original three-judge ruling.

On Wednesday, the court agreed to have a randomly selected panel of 15 judges rehear the case. Then, finally it could go to the Supreme Court.

Kamehameha Schools believes there is a chance that the panel will agree that the admissions policy is not illegal race discrimination.

"At least 12 of (the judges) are going to be new eyes, and so you know it allows us a bit more optimism, that maybe with this larger panel we have a chance to win our argument," Kamehameha Schools Board of Trustees Chairman Robert Kihune said.

Doe's attorney, Eric Grant, is optimistic.

"I would have preferred that the panel decision stand, but I am happy to argue before the en banc court," plaintiff attorney Eric Grant said.

He's no longer seeking to get his client into the school. The boy is nearly through with his senior year. Grant is now seeking money damages.

"It was probably going to be too late anyway for my client to get into school. So, at this point, the delay is not really a factor," Grant said.

The appeals court had rejected a motion by the plaintiff's attorney to have the student immediately allowed to attend the school.