“The DoJ says that “in light of the significance of the
reorganisation for both Microsoft and the computer industry, the
appeals process should be expedited to the maximum extent possible.
Any decision to seek direct review by the Supreme Court
pursuant to the Expediting Act will, of course, be made by the
Solicitor General after the Final Judgment is entered and any
notice of appeal is filed.” This is likely to be just a formality,
and Microsoft is unable to stop the bypassing of the Court of
Appeals.”
“It will be extremely hard for the Microsoft camp to find any
substantive legal or technical grounds that could be used
effectively on appeal. The combination of the findings of fact, the
findings of law, and now the proposed remedies are close to being
unassailable. There does still remain the political possibility of
an attempt at political interference, probably by appointing an
assistant attorney general for antitrust opposed to antitrust
enforcement, but this would result in blood on the streets and
unacceptable political fallout.”