These are some of the most conservative judges in the country. Ginsburg, in particular, used to head the antitrust division under the Reagan administration, so to say that he is antitrust-savvy is an understatement; the man knows antitrust law backwards and forwards. |
This law has only been used two times - both times in the AT&T antitrust case - so it's rarely, rarely used. The longer it sits at the Court of Appeals, the less likely the Supreme Court is to take it on an expedited basis. To the extent that the Court of Appeals really starts to get their teeth into this, they could jump on this right away. |