Microsoft on Tuesday attacked the government's request to push its antitrust case forward while the Supreme Court considers the company's request for appeal. In a sharply worded, nine-page legal brief, Microsoft rebutted the government's argument that proceedings should begin at a lower court. The Redmond, Wash.-based company last week had asked the Supreme Court to consider an appeal, arguing U.S. District Judge Thomas Penfield Jackson's comments to reporters before rendering his decision warranted throwing it out. Microsoft also asked the seven appellate judges to stay the mandate that would return the case to the U.S. District Court for the District of Columbia for further proceeding. But on Friday, the government refuted the validity of the request, asking the court to deny Microsoft's request for stay.

But Microsoft sought to shoot down the government's argument in Tuesday's reply brief. "The public interest will be served by granting a stay," Microsoft's lawyers wrote. "The district judge, while disqualified by virtue of deliberate and repeated violations of clear ethical rules, entered findings of fact and conclusions of law that have been and will be relied upon in subsequent proceedings in this case and perhaps in other cases."