The matter is already before a judge, with both sides submitting papers to U.S. District Judge Gladys Kessler and hoping for a ruling shortly after January 14, when final briefs are due. Kessler is a Clinton appointee. But the strength of Kirsanow's case may see him through. Last month, the nonpartisan Congressional Research Service backed the White House view that Wilson's term has expired and the seat belongs to Kirsanow. No matter how Kessler rules, however, the case probably won't be settled except on appeal.