Monday, November 25, 2002

BIG DAY IN WASHINGTON (originally posted 6/28/01)

Today was scheduled to be the last day of the current Supreme Court Term, and the Court delivered a mixed bad of results with its final four opinions. The Fourteenth Circuit is pleased to see the High Court's aggressive enforcement of what command-economy liberals certainly view as two of the Bill of Rights's ugly stepchildren -- the right not to have private property taken without just compensation and the right to free speech of a commercial character.

These events were somewhat overshadowed, howver, by th eagerly awaited court of appeals decision in the Microsoft antitrust appeal. The D.C. Circuit sensibly rejected the government's economically and legally untenable theory that Microsoft had attempted to monopolize the market for internet browsers, while properly respecting the different roles of the trial and appellate courts by deferentially reviewing Judge Jackson's findings of fact and acceptihng his conclusion that Microsoft's bullying behavior in the Intel-compatible operating systems market had no pro-competitive justifications.

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