I have been reviewing the Bush v. Gore Supreme court case. After lots of research, the Wikipedia article seems to be a fair summary with good links.
In any case, the Supreme Court had two decisions before it. One decision seems to have been, was whether a total recount of Florida votes would create a valid decision. That was decided 7-2 – that the recount would not be valid, as it would violate equal protection, each county having a different standard as to how to count ballots that the machine couldn’t count.
The second decision was to stop counting at all, that was 5-4. The reasoning there seems to have been that if a final count did not support a Bush victory, that the presidency would be undermined.
From my reading of this, and I hope I have it right, the decision to make Bush president (i.e., that a recount would not be valid) was 7-2, not 5-4; the 5-4 decision was to stop the recount entirely.
I am really not interested in a debate, but my experience here is that this question will probably become one. I hope there is an at least relatively impartial legal expert out there who can verify or explain what the 7-2 decision was about, and what remedy it offered, if any. It seems to be it offered no remedy other than to let the recount continue, but that it would not be valid, and that the original certification that made Bush president in 04 would stand.
Could we not make this into a referendum on Bush? I am interested in the legal decision.