What's more, Kamehameha attorneys said in a legal brief filed today, the decision is not in conflict with any other court decisions and is not of national importance.

Kamehameha's case is unique, the brief said.

"Nowhere in the United States does there exist another school like Kamehameha Schools, which is entirely private and not-for-profit, and which carries out a remedial educational mission for the benefit of the children of an indigenous people with whom Congress has a special trust and political relationship," the brief said.

The case involves a non-Hawaiian child identified only as John Doe who was denied admissions to Kamehameha. Attorneys for John Doe say Kamehameha's preference policy violates civil right statutes and discriminates against non-Hawaiians.

But Kamehameha attorneys and supporters say the policy is needed because Native Hawaiians, on the whole, continue to do poorly in a variety of socio-economic categories. They also note that Congress has continued to support funding remedial measures aimed exclusively at helping Native Hawaiians.

Doe has 10 days to respond. The U.S. Supreme Court is expected to respond to both filings in the coming weeks.