Kamehameha Schools is asking the 9th U.S. Circuit Court of Appeals for an extra week — until Aug. 23 — to request a rehearing of the court's 2-1 decision that the private institution's admissions policy constitutes unlawful race discrimination.

The rehearing request, which would essentially delay any enforcement of the 2-1 ruling, is due Tuesday. In asking for the one-week extension, the school said the 2-1 ruling raises "novel questions of great importance," and that the ruling is the first in the country to rely on the federal civil rights laws to "invalidate a remedial race-conscious program of a private institution."

However, lawyers for the unnamed youth who is challenging the policy are raising objections to the extension request, saying the youth wants to enroll this month for his senior year.

They also have a pending request before the appeals court, asking that the case be sent back to the U.S. District Court in Hawai'i so they can ask the judge to order the school to enroll the boy immediately.

The youth's lawyers said if the school gets the extension, they should be ordered to reply to their pending motion immediately, an apparent attempt to speed up resolution on their request.

In its request, filed by lawyer Kathleen Sullivan of Stanford, Calif., the school said the ruling raises "difficult questions" in reconciling the civil rights laws with congressional actions giving "exclusive preferences" to Native Hawaiians, the school said.

The school's request for an extension reflects the highly contested legal battle over the court's split decision that the school's policy constitutes a total ban on students who don't have Hawaiian blood.

The panel issued the decision last week, but the ruling does not become final under federal court rules until Kamehameha Schools has a chance to ask for a rehearing by a larger panel of 11 judges.

Classes at the school's three campuses start this week and next.

The boys' lawyers, including Eric Grant of Sacramento, Calif., and John Goemans of the Big Island, yesterday replied in court papers that they usually would agree to an extension, but said timing is "critical" because of the impending start of classes.