Justice Ginsburg, joined by Justices Breyer and Sotomayor, wrote that it was "uncertain" just how powerful the Material Witness Statute was. For example, she/ questioned whether a "law-abiding citizen" who was not suspected of wrongdoing could be sent to jail if he saw "a crime during the days or weeks before a scheduled flight abroad." Ginsburg, Breyer, and Sotomayor were also concerned about how al-Kidd was treated in jail. The Court did leave al-Kidd with the right to sue his jailers for mistreating him.