HONOLULU -- Kamehameha Schools is asking the 9th Circuit Court of Appeals to reconsider its decision against the school's Hawaiians-only admissions policy.

Even though Kamehameha's admission policy has been declared illegal, the anonymous young man who is suing may never be able to take advantage of his victory.

He would be a senior this year. School starts in two weeks. So, he can't wait for the final decision from the courts.

Instead of taking the dispute directly to the U.S. Supreme Court, the trustees asked the appeals court to reconsider.

So, while John Doe waits, the 28 judges from the 9th Circuit Court of Appeals will vote on whether to rehear the case. Then, a randomly selected panel of 11 judges would hear arguments and rule. Then, finally it goes to the Supreme Court. In the meantime, Tuesday's ruling would not be enforced.

"We will seek to extend that stay while we appeal our policy," Kamehameha Schools Trustee Chairwoman Diane Plotts said.

By then, the school year could be over. So, John Doe's injunction asks the same judges who ruled Tuesday to find that missing the school year would do him irreparable harm because he would lose his chance to ever attend the school. If the injunction is denied, John Doe may ask the courts for money.

"If the school's own actions and stalling tactics make money the only possible remedy, then that's what we'll pursue," Doe's attorney, Eric Grant, said.

Grant said that could include damages for the indignity of facing discrimination, for the lost educational opportunity and potential higher income and to punish the schools for deliberately violating his constitutional rights.