Ugghh! I wanted to help the Gore folks see if there was any wiggle room in the Court’s 5-4 decision. Everyone is saying it certainly looks like a defeat. But equal protection, changing the law, not changing the law, standards, no standards. The decision is so complex. It takes a while to puzzle through every part.
But I think I’ve found the crucial passage. And I have to admit it looks like black letter law. In Rehnquist’s majority opinion, page 3, sub-section 4, footnote 2, it says “said recount plainly violates the George W. Bush protection clause of the United States constitution …”
Ouch! Hard to find a way around that.
