The lawyers for the unnamed non-Native Hawaiian student seeking admission to Kamehameha Schools will be explaining to the U.S. 9th Circuit Court of Appeals why it should turn down the school's request for a rehearing on a 2-1 decision earlier this month.

The majority of a three-member 9th Circuit Court panel held that the school's admission policy amounted to an "absolute bar" to non-Native Hawaiian students in violation of the federal laws.

The appeals court this week directed the student's lawyers to respond to the school's request to convene a larger panel of 11 judges to rehear that case that led to 2-1 decision.

The court issued the order Thursday and told the lawyers they have 21 days from the filing of the order to respond.

Eric Grant, the Sacramento, Calif., lawyer representing the youth, earlier said he is opposed to the rehearing and indicated he would oppose the school's request if the court asked him to submit opposition papers.

The enforcement of the 2-1 decision is postponed pending the outcome of the school's request for a rehearing.