The Supreme Court is not as likely as the lower court to re-examine factual findings. That means Judge Jackson’s telling of the story, which casts Microsoft as an aggressive monopoly, would go unquestioned. And Microsoft assails the judge’s findings as “nothing more than sweeping, conclusory assertions.”
Antitrust experts predict the appeals court would lean to Microsoft by four votes to three. As for the Supreme Court, Justices Rehnquist, Scalia and Thomas presumably would side with Microsoft, and Justice Stevens with the Feds. The other five are tossups. Only this is certain: there will be no cease-fire in the Microsoft case.
