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WASHINGTON (CNNfn) -- The U.S. Justice Department urged the Supreme Court on Friday to reject Microsoft's request for review of the antitrust case against the computer software giant.

The software manufacturer is arguing that the case is "ripe" for the high court's review, "but Microsoft offers no satisfactory explanation of why that is so," states the 26-page Justice Department filing.

The case currently is before U.S. District Judge Colleen Kollar-Kotelly, who will determine what punishment Microsoft should face.

Microsoft is appealing the case largely based on the conduct of District Court Judge Thomas Penfield Jackson and comments he made in interviews and appearances during the course of the proceedings.

The Circuit Court of Appeals agreed with Microsoft that the judge had acted improperly, but did not reverse some of Jackson's findings that Microsoft violated antitrust laws. The appeals court did, however, remove Jackson from further involvement in the case.

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In its brief, the Justice Department said, "The evidence of Microsoft's liability was clear enough that the court of appeals could unanimously affirm the core of the government's claims even against the backdrop of the judge's misconduct."

The brief goes on to note that only two of the judge's interviews in question took place before Jackson presented his findings of fact, and that the details of those statements were "restrained." It also notes that was three months after the trial phase had concluded.

Legal experts say the case is unlikely even to be discussed among the Supreme Court justices until October, when the high court's fall term begins.

In the meantime, Kollar-Kotelly has begun to schedule conferences and ask for briefs to determine a remedy for Microsoft's anticompetitive practices. A breakup of the company, although unlikely, is still technically possible.