Story highlights The family of Sergio Hernandez is seeking to sue the border official for their son's death

The court also has now gone more than a year with only eight justices

Washington (CNN) The Supreme Court on Tuesday took up the case of a 15-year-old Mexican national who was shot to death in 2010 as he cowered behind a pillar in Mexico, by a US Border Patrol agent standing on American soil.

The family of Sergio Hernandez is seeking to sue the border official for their son's death. They say the agent violated Hernandez's constitutional rights.

The violent shooting was caught on cell phone video and sparked outrage because fact that Hernandez was unarmed.

This is the first case the Supreme Court heard under the new administration and comes as President Donald Trump's policies concerning his executive order on immigration have raised questions about the constitutional rights of non-citizens. Another backdrop is the tense relations between the Trump administration and Mexico over the issue of building a wall between the two countries.

In court the justices peppered attorneys on both sides. Some on the court seemed to be concerned with a limiting principle. For instance this case involves a Mexican national on Mexican soil. If the court were to rule that the case should go forward, that Hernandez as a non citizen on Mexican soil had enough connection to the US, could such an opinion open up similar claims in cases abroad concerning drone strikes on foreign soil.

Read More