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The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.
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Bush v. Gore, 531 U.S. 98 (12 December 2000)

 

Anthony Kennedy

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[W]e have a Supreme Court, like yours, which, since we put a charter of rights in our constitution in 1982, is becoming increasingly arbitrary and important. It is also appointed by the Prime Minister. Unlike your Supreme Court, we have no ratification process.

 

Stephen Harper

 

In sum, the Court's conclusion that a constitutionally adequate recount is impractical is a prophecy the Court's own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States. I dissent.

 

Ruth Bader Ginsburg

 

Of course, the popular vote was in my favour, and the outcome in the electoral college was not driven by an effort to count every vote that was cast, because the counting was truncated by a Supreme Court decision. In the American system, unfortunately there is no intermediate step between a Supreme Court decision and violent revolution.
Given those two remaining alternatives, I took the advice of Winston Churchill, who said that the American people generally do the right thing after first exhausting every available alternative. Choosing to live under the rule of law seemed to be the only alternative remaining, even though I strongly, strongly disagreed with the Supreme Court decision. Historians and scholars will put that decision in its own separate category.

 

Al Gore

 

I've chosen not to challenge the rule of law, because in our system there really is no intermediate step between a Supreme Court decision and violent revolution. When the Supreme Court makes a decision, no matter how strongly one disagrees with it, one faces a choice — are we, in John Adams' phrase, a nation of laws, or is it a contest made on raw power?

 

Al Gore

 

The election process and recount in Minnesota have lived up to the state's reputation for organization, transparency, and bipartisanship. The officials have been meticulous and every ruling has been unanimous. While Senator Amy Klobuchar is one of the hardest working members of the United States Senate, Minnesotans deserve their full representation. Once the Minnesota Supreme Court has issued its final ruling in this case, the President and I look forward to working with Mr. Franken on building an economy for the 21st century.

 

Al Franken