Depending on one’s point of view the 5-4 Supreme Court vote cutting off the Florida recount was either as it should have been (given how messed up the balloting and recount procedure had become there) or a political travesty as bad as the 1857 Dred Scott decision denying constitutional protections to slaves of African descent.
That the five justices in the majority vote favoring the Republican nominee all had been elevated to the high court by Republican presidents (four by Ronald Reagan, one by George H. W. Bush) meant the outcome would inevitably be seen in starkly political terms.
And so it is today, despite the admonition of Associate Justice Antonin Scalia (one of the pro-Bush five in 2000) that people should simply “Get over it!” as he’s said on a number of occasions.
“Voters who cast ballots incompetently are not entitled to have election officials toil to divine these voters' intentions,” columnist George Will writes in the Washington Post, referring to the chad debacle. “Al Gore got certain Democratic-dominated canvassing boards to turn their recounts into unfettered speculations and hunches about the intentions of voters who submitted inscrutable ballots.”
“Gore's lawyers persuaded the easily persuadable state Supreme Court – with a majority of Democratic appointees – to rewrite the law [requiring counties to certify their results within seven days],” Will writes.