Attorneys at Consovoy McCarthy representing Students for Fair Admissions, a group challenging affirmative action at the U.S. Military Academy at West Point, on Thursday, said they will seek urgent appellate review after a federal district judge denied their motion for a preliminary injunction blocking West Point from considering race as a factor in admissions.

Partner Thomas McCarthy said SFFA will seek emergency relief from the U.S. Court of Appeals for the Second Circuit “and, if necessary, the Supreme Court” before West Point’s application deadline on Jan. 31.