Steven M. Scharf said:But all the sources said later that if they had done a complete recount,
rather than having it stopped by the Supreme Court, that Gore would have
won.
The fact is that Gore, thru the Florida Supreme Court, was pressing
for another PARTIAL recount in selected, cherry-picked precincts
favorable to them, NOT a complete recount. All well after state law
dictated the election was over.
Recall that the Florida Supremes arbitrarily extended the deadline to
certify the results (to Nov 26). The Bush legal position was that 1)
they had no constitutional authority to do so 2) those action also
violate 3USC5 whereby you have to follow election standards in place
prior to election day (this was regarding the whole chad issue) and 3)
cherry picking only some localities and varying chad standard was a
violation of equal protection.
Contrary to myth, the US Supreme Court UNANIMOUSLY held on points 2
and 3. That is, that the standards for a legal vote and clear intent
of the voter were unconstititionally varying day to day as a result of
lower court legal decisions. (see slip op p 8).
Also contrary to myth, the US Supreme Court SEVEN (not 5) Justices
found that the Florida Supreme's action was unconstitutional ("Seven
Justices of the Court agree that there are constitutional problems
with the recount ordered by the Florida Supreme Court that demand a
remedy ... The only disagreement is as to the remedy." slip op. p12).
Also contrary to myth is that the decision "stopped the counting". In
fact, what they did was remand the case back to the Florida Supremes.
They said 'your solution violates the constitution and you grossly
overstepped your authority by making up ad hoc election rules, so
issue a new decision/solution.'
By not taking up the issue, the Florida Supremes ended the counting
(of course, there was no practical solution that could both comply
with pre-election day law and the Constitutional and still allow any
sort of legal recounting). Gore still lost with or without the 215
P-B and 168 Miami votes "found" in the process.
When the consortium of news media recounted, only with the gross
assumption that the overvote (2 pres candidates punched) was meant for
Gore did he win.