Reply #9: The other problem is that all NINE justices agreed

[read the law first]

Very VERY interesting article. Thanks for posting.

The problem with the application of this case is that all nine justices in * v. Gore, including Breyer and Ginsburg, wrote that in one way or the other the Florida Supreme Court had overstepped its bounds.

Seven agreed that something had to be done while two said give them another chance and then Scaley selected * by one vote.

Accordingly, in Bush v. Gore, all nine justices agreed that what the state was doing could not be supported and therefore the balancing of the harm was involved.