The Appeals Process 2
The next step in the appeal process
could be the Washington DC Circuit court. This is the same one that overturned
Jackson's ruling in the suit over Microsoft's bundling of Internet Explorer with
Windows 95. The Expediting Act offers the chance to fast track the case directly
to the Supreme Court, with unpredictable consequences for the ruling.
The DOJ supports the use of the Expediting Act to fast track the case. Publicly they say the high profile nature of the case and its importance to the economy and citizens of the country demand it, but they may have other private reasons. The Supreme Court is less predictable than the DC Circuit Court and may offer a more supportive ruling. However, there is no precedent case for which they gave a ruling. They currently seem to have a pro-business leaning, so the DOJ has every right to be nervous about the appeal no matter which court it goes to.