I dissent.

The Chief Justice acknowledges that provisions of Florida’s Election Code “may well admit of more than one interpretation.” Ante, at 3. But instead of respecting the state high court’s province to say what the State’s Election Code means, The Chief Justice maintains that Florida’s Supreme Court has veered so far from the ordinary practice of judicial review that what it did cannot properly be called judging. My colleagues have offered a reasonable construction of Florida’s law. Their construction coincides with the view of one of Florida’s seven Supreme Court justices. Gore v. Harris, __ So. 2d __, __ (Fla. 2000) (slip op., at 45—55) (Wells, C. J., dissenting); Palm Beach County Canvassing Bd. v. Harris, __ So. 2d __, __ (Fla. 2000) (slip op., at 34) (on remand) (confirming, 6—1, the construction of Florida law advanced in Gore). I might join The Chief Justice were it my commission to interpret Florida law. But disagreement with the Florida court’s interpretation of its own State’s law does not warrant the conclusion that the justices of that court have legislated. There is no cause here to believe that the members of Florida’s high court have done less than “their mortal best to discharge their oath of office,” Sumner v. Mata, 449 U.S. 539, 549 (1981), and no cause to upset their reasoned interpretation of Florida law.

...

Even if there were an equal protection violation, I would agree with Justice Stevens, Justice Souter, and Justice Breyer that the Court’s concern about “the December 12 deadline,” ante, at 12, is misplaced. Time is short in part because of the Court’s entry of a stay on December 9, several hours after an able circuit judge in Leon County had begun to superintend the recount process. More fundamentally, the Court’s reluctance to let the recount go forward–despite its suggestion that “he search for intent can be confined by specific rules designed to ensure uniform treatment,” ante, at 8–ultimately turns on its own judgment about the practical realities of implementing a recount, not the judgment of those much closer to the process.

...

The Court assumes that time will not permit “orderly judicial review of any disputed matters that might arise.” Ante, at 12. But no one has doubted the good faith and diligence with which Florida election officials, attorneys for all sides of this controversy, and the courts of law have performed their duties. Notably, the Florida Supreme Court has produced two substantial opinions within 29 hours of oral argument. 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.

I, Creideiki, dissent.

but what does this have to do with the GLBT forum?