If the state of Florida had originally ordered a statewide hand count of disputed ballots, its decision would have been widely seen as fair and judicious. By extending the manual recount to all other counties in the state, including Republican strongholds, the court has at least ensured balance. Every ballot thrown out by a machine can now be looked at by human eyes. Though some experts suspect that Gore will gain in the recount, it is theoretically possible that Bush will benefit. Republicans rightly feel aggrieved that a bare majority of the Florida high court, which is widely seen as partisan, have intervened one minute before midnight with a radical decision that is fraught with peril.
Manual recounts make sense only if there are standards for judging.
The court's opinion is unclear, irresponsibly so, and will lead to continuing controversy. If the court had ordered up a full recount when it first intervened, it might also have avoided the immense confusion it has now unleashed. It is extremely unlikely that the count of tens of thousands of ballots can be completed by December 12, the deadline set under federal law for determining state electors. Moreover, there is a serious constitutional question as to whether the Florida Supreme Court even had jurisdiction over the case. The U.S. Constitution vests powers in this area in a state's legislature, not its courts.