Insitu, the Ct. of Appeals might also find the record is flawed or inadequate, require further proceedings, and/or reverse Jackson's conclusions of law. He's been wrong before in antitrust matters <g>.
Agreed, the DC Circuit can't be expected to rule in favor of MSFT just because it did before. But it seems that after Reno/Klein's team played incredibly heavy-handed, extraordinary legal (and political--remember the press conferences?) tactics and maneuvering to skip over the normal procedure of going to the DC Court of Appeals, and lost, one might conclude that the administration, knowing its case has problems when scrutinized closely, hoped the Supremes would be overwhelmed and just rubber-stamp Jackson in light of their overly burdensome docket.
In other words, one might look at this failed procedural gambit by DOJ as an attempted railroad job on Mr. Softy, and when it didn't work, Klein saw that the light at the end of the tunnel was a train coming the other way (he probably got a heads-up last week how the Supremes would come down, 8 to 1), and saw the opportunity to scram. Or maybe Reno or her higher-up found out and told him to scram. Too coincidental -- if they'd won, you think after all this he'd miss basking in the glory along with Reno and the 19 state attorney generals?
I look forward to a few of the states' attorneys general being questioned about how much each of their states has spent on this litigation, rather than on education, health care, and medicaid, and how they can justify it, using real numbers, compared to the damages they claim have been caused, USING REAL NUMBERS. Then maybe they'll be the next to resign or be ousted. jmho (and hope) |
