The Appeals Process 3

    Microsoft says that because of the broad subject matter involved in this case, it would benefit from being first heard by the Court of Appeals, who could sort out the issues and simplify them for speedy review by the Supreme Court, if such a trial is necessary. They also point out that in the last 26 years only two cases have been sent to the Supreme Court by way of the Expediting act, and in both cases the subject matter involved was limited and both parties consented to the action.

    However, their stance is most likely affected, at least in part, by the upcoming elections and the possibility of a friendlier Republican DOJ, not to mention the friendly precedent ruling by the Appeals Court in Microsoft's appeal of Jackson's preliminary injunction.

Back    |    Index  

Test yourself on what you just learned with our quiz.