That ruling indicated that the rules were to be interpreted as changing the common law "in the direction of flexibility," he said.
Several rulings by federal judges over the past few months indicate that the detainees could get a sympathetic hearing.
Their ruling also indicated displeasure, noting that "an indictment has not been forthcoming" despite the passage of time.
The rulings indicate that shareholders have a right to know why decisions were taken, especially if bad faith, self-dealing or gross mismanagement are suspected.
Subsequent rulings by the Court have indicated that "incompetency for execution" is an issue that can only be properly raised when execution is imminent.
Recent rulings by the Supreme Court have also indicated that visits by the prime minister or the emperor are constitutional.
The ruling today indicated that this particular panel of judges did not see bundling as a problem.
She said that the ruling did not indicate "use of excessive force or negligence" and that the matter would be reviewed by a grand jury.
One expert said the rulings indicate the growing unwillingness to prosecute those with strong mainland ties.