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The birthright citizen case before the US Supreme Court today, could well be one of the most precedential cases the Supremes consider this year, among many that will prove to be significant for years to come.  “Precedential”, as in setting precedence for years to come; not “presidential”, as in relating to the president – though it certainly is that also.

While many people may thank that the issue in this case is birthright citizenship, it is actually isn’t. At. least, not yet. Birthright citizenship is the underlying and ultimate issue to be decided, but the issue before the Supreme Court at the moment is a procedural and jurisdictional one, and the determination of this issue will either allow President Trump free reign (for the time being) to barrel down the aggressive course he has set for deportations (and other things), or it will reign him in and block his ability to move at the pace and in the way he has planned.

The case comes up to the high court on procedural grounds. The substance of the case is not yet at issue. That will await the complete litigation process before a decision is made. The only issue before the Court, now, is whether a federal trial court has jurisdiction to issue a nationwide injunction.

The ultimate issue in the case, birthright citizenship, of course, is a poignant constitutional matter that will have far reaching effect. A decision in favor of the Trump interpretation of the law will dramatically change law as it has been interpreted and applied Since 1898. The substantive issue involves the meaning of the language in the 14th Amendment that establishes birthright citizenship. (See The Birthright Citizenship Case Exposes a Constitutional Crisis Unfolding for detail on the right to birthright citizenship embedded into the 14th Amendment.) The Trump Administration has directly challenged the well established precedent over the last 125+ years, but a determination of that seminal issue must wait.

The procedural posture of this case is the entry of a nationwide preliminary injunction by a federal trial court. This isn’t the first case of its kind. Many trial courts, both federal and state, have issued similar far-reaching orders imposing injunctions at the front end of a case, halting the action challenged, while the litigation plods forward to a long-awaited conclusion.

The 300 lb. gorilla in this case is the jurisdiction of the trial court. Trial courts have limited jurisdiction in our American system if jurisprudence, but the court purported to issue an injunction applicable throughout the entire nation. The high stakes that ride on this decision are evident, but we need to review the design and structure of the nation’s court system to understand why this is an issue.

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