Of course they should be, and of course they won't.
It's interesting what would have happened if the House of Lords' ruling in 2008 had gone the other way. It was 3-2, so not a clearcut case. It woud definitely have caused trouble for British-American relations. I wonder what the Obama-administration's position would have been? (Bush's take on it is more predictable). The US government has always been able to say that they have no responsibility, since it was entirely a British decision, but this would have moved the ball to their court.