The U.S. Government is arguing that ruling on the extrajudicial killings of American citizens by U.S. Drones is not something the courts should concern themselves with:

"In the motion to dismiss, Justice Department lawyers argue that the necessity for the strikes and the viability of any alternatives is a question beyond the proper purview of the courts."

http://www.politico.com/blogs/under-the-radar/2012/12/us-dismiss-lawsuit-over-americans-killed-by-drones-152058.html