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Technology Stocks : All About Sun Microsystems
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To: David Kelly who wrote (28306)2/26/2000 9:02:00 AM
From: nihil  Read Replies (1) of 64865
 
Who gives a damn whether you make a judge angry or not. I believe the findings of fact to not add up to a serious legal violation of the Sherman Act. The Supreme Court is bound by the findings of fact, but can interpret the legal conclusions any way they wish. They are not bound by precedent or statute. They make the precedents fresh every week. They declare federal statutes unconstitutional every week. Under the 5th and 14th Amendments, no government can deprive anyone of life, liberty, or property without due process of law. Any evidence that TPJ was actuated by personal animus (which he has as much as admitted to) will show that MSFT has been deprived of due process. End of case. The Rehnquist Court is not the Warren Court (which almost always upheld the government in antitrust cases (something like 61 out of 62). The Rehnquist court is dominated by laissez-faire radicals who believe that no government taking is justified, however desperate the government's need. The South Carolina Beach House is a wonderful example of the 14th Amendment run wild. The Supreme Court just ruled in Rice vs. Cayetano, that the State of Hawaii could not limit voting to the group of people who were affected by the legislation. The State, regardless of how strong the justification, cannot violate the formal words of the Amendment. This Supreme Court IMO will never uphold as shaky and prejudiced a case as is DOJ vs. MSFT. Of course a bunch of the guys could croak and be replaced by Clinton's cronies. But they had better hurry.
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