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New Delaying tactic
They must be asking the appeals court not to do anything about appointing a new judge till they hear back from the SC about the appeal at that level. If they can get the court to agree to that and then think up 3 or 4 reasons to appeal to the SC, they could hang the process right where it is for a few weeks.

I don't know if the court will be inclined to go along or not. I don't know of any reason the appeals court can't select a judge and let him begin reading the previous material before the SC rules on the appeal.

Jay
New If you can't win using facts, attack the Judge or Prosecutor
... or so the saying goes.

This is exactly the strategy Microsoft is using. They aren't even attempting to dispute the facts in the case. They are using what has worked so well for them in the past: SPIN!

Unfortunately for them, the U.S. Courts have shown that they are not amused by Microsoft's childish antics.
     And in related news. - (brettj) - (4)
         It means all they're playing for . . - (Andrew Grygus) - (1)
             As someone said previously... - (Yendor)
         Delaying tactic - (JayMehaffey) - (1)
             If you can't win using facts, attack the Judge or Prosecutor - (brettj)

Live long and prosper.
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