The high court still could add the software behemoth to its next list of cases to be released Sept. 8 or at some point thereafter.
Microsoft wants its appeal to be heard by a local appeals court first, having argued that the lower court could provide a more comprehensive review.
The Justice Department is seeking to bypass the appeals court and take the case straight to the Supreme Court, citing a need for a speedy resolution. The judge who ruled against Microsoft in the case, U.S. District Judge Thomas Penfield Jackson, certified the case for direct appeal.
Experts expect the high court to add the case to its docket next month. If the Supreme Court rejects the case, it would go to the appeals court, as Microsoft desires.