None of the judges in the D.C. Circuit has seen the record in this case yet, which leaves everything open to complete reconsideration.

Microsoft's pitch seems to say that big antitrust cases have to take forever or they can't be brought, which would strangle antitrust law in a fast-moving industry. When you are weak on the facts and weak on the law, you pound on the judge.

I'm pretty sure this one was still standing the last time we were here.

This is not just any case. It's in a narrow category where Congress has provided the option for direct review, ... It's not a privilege that the government has abused over the past 26 years.

The focus here is taking out ones that wouldn't make it anyway .

This is exactly the kind of case that the Expediting Act is designed for, ... It is not an option that the government has abused in the past. It's been invoked only twice - both times in the government's antitrust case against AT&T.