General Discussion
In reply to the discussion: Hillary Clinton just floated the possibility of contesting the 2016 election [View all]zipplewrath
(16,698 posts)Gore's case was entirely about how electors were going to be chosen. Gore was trying to get them chosen based upon a vote count. He had a method he wanted to use and he went to the court that could force that to happen, the Florida Supreme Court. Bush opposed that method on federal grounds, which is how the State Supreme Court decision ended up in the Federal Courts, and therefor at the Supreme Court. The Supreme Court said the State Court decision violated federal law. (Actually, the federal constitution). As such, the decision of the Florida Secretary of State on the outcome of the election was allowed to stand, and the Bush Electors were seated in the EC.
Notably, the electors were going to be chosen one way or another. The Florida State Legislature was getting ready to direct the appointment of Bush's electors (which both the federal and state constitution allowed). But all of this was done within the context of existing legal precedent (well, except the SC decision that somehow the recount violated equal protection. That was a new one and even the SC wasn't really sold on it because as you point out they indicated that this really shouldn't be used in future decisions).
In this situation, the EC has been chosen, it has voted, the congress accepted the results of that vote, the president has been sworn in, and there is no constitutional provision to remove him, replace him, or otherwise rerun or undo the election. The only path to anything of this sort is through the various presidential succession amendments and none of them really put HRC in the path of succession.