The petitioners here are detainees at Guantanamo Bay Cuba. The government has demonstrated that they are doing everything they can to relocate these detainees at least to the satisfaction of 8 Justices (Kagan is sitting out) and lower courts.
Statement of JUSTICE BREYER, with whom JUSTICE KENNEDY, JUSTICE GINSBURG, and JUSTICE SOTOMAYOR join:
Under present circumstances, I see no Government-imposed obstacle to petitioners’ timely release and appropriate resettlement. Accordingly, I join in the Court’s denial of certiorari.
So why do they bother to write separately?
Should circumstances materially change, however, petitioners may of course raise their original issue (or related issues) again in the lower courts and in this Court.
http://www.supremecourt.gov/opinions/10pdf/10-775.pdfYes this is a rather weak level of involvement in an area of law that the courts are virtually the only guardians. I believe their statement is meant to send the following message to the government: We are watching.
At some point they may need to do more than watch.