HONOLULU -- Tuesday could be another historic day as Kamehameha Schools prepares to defend its Hawaiians-only admissions policy before 15 judges of the U.S. 9th Circuit Court of Appeals in San Francisco.

The Kamehameha Schools and the broader Hawaiian community was shaken to its roots in August when a three-judge panel of the 9th Circuit Court of Appeals ruled that excluding non-Hawaiians was illegal under federal law. (Watch Video Report)

The schools argued that excluding non-Hawaiians was legal because Kamehameha was established by a private will, received no government support and was necessary to improve the status of a minority group. However, lawyers for an unidentified boy, who applied for admissions, said the discrimination was illegal and wrong.

The three judges split 2-1 on the question. The policy was allowed to continue until a 15-judge panel reheard the case. Of the 15 judges, a majority of nine are appointees of Democratic presidents. Experts say that doesn't mean much, but even if they side with Kamehameha the final decision will likely go to the U.S. Supreme Court.

The John Doe who vied for admission has since graduated from an unnamed public school. His case remains alive because his attorneys said the plaintiff is entitled to damages for having his educational opportunities limited by the Hawaiian's-only policy.