(Washington, D.C.) – Thomas A. Schatz, president of Citizens Against Government Waste (CAGW), today praised the Supreme Court’s decision not to hear the Microsoft case and instead return it to the Court of Appeals.

“This is clearly the correct decision, and a positive step toward disposing of this case,” Schatz said.  “Now the Court of Appeals can take the time needed to review the Microsoft case and come to a decision that recognizes both the economic and legal ramifications of any verdict.”

A recent study released by Americans for Technology Leadership, of which CAGW is a founding member, concluded that breaking up Microsoft – the government’s proposed remedy – would cost the economy between $50 and $125 billion over a three-year period.  (The study is available at: http://www.actonline.org)

“The justice system worked as it was supposed to,” Schatz added.  “The Supreme Court showed it was not willing to be hurried into accepting this case despite the government’s best efforts to avoid the Court of Appeals, which in the past has been less than friendly to the government’s attempts to control the high-tech industry.” 

“In fact, the Department of Justice is well aware that District Court Judge Penfield Jackson’s previous Microsoft decisions have been overturned by the Court of Appeals,” Schatz also said.  “This case will now get a fair hearing, in the appropriate forum, where every aspect of the 30,000 page record can be thoughtfully considered.”

“The Court of Appeals is already aware of this case’s significance and we expect they will move expeditiously to a conclusion,” Schatz continued.  “The taxpayer is already on the hook for over

$30 million to date on this misbegotten action, but now the normal process of considering such a case is underway again, despite the government’s attempt to push it into an inappropriate forum at this stage of the case.”

CAGW is a nonpartisan, nonprofit organization dedicated to eliminating waste, fraud, mismanagement and abuse in government.