Microsoft, DOJ alter settlement plan "Microsoft also argued that the trial judge�s role in approving the proposed settlement is 'almost ministerial,' and urged her to defer to the judgment of the Justice Department about whether the agreement 'is the most appropriate mechanism to resolve the competing interests at stake.'" They then go on to argue that ruling against them would risk constitutional questions of separation of powers. Ooh, constitutional questions! That should scare her off.

What is it with Microsoft's lawyers. Do they have tin ears or have they just dealt with Bill Gates so long that his arrogance has rubbed off? Hint: Tell a judge that her role is magisterial, that she is only there to rubber stamp the DOJ's determinations, is not the way to her heart or her head. This kind of nonsense is what lost them the case in the first place.