All voters are equal, and all ballots are equal, or else there is chaos. One, in view of the excruciating closeness of the contest, is that every vote counts. The other, propounded by conservative jurists at play in the fields of 18th-century law and values, is that it's not even the case that any vote counts. Or at least, that there's no constitutional right to vote for president. If this means 'actively' striking down legislation or lower court rulings that violate the clear mandates of the Constitution or that exceed the proper powers of a legislature or government official, then that is what we have judges for.
Restraint means staying within the boundaries of the Constitution and of constitutional laws.
Miami got Elian. And Palm Beach County got this crazy presidential election. The Florida Supreme Court confused their betters on the high bench by claiming that the right to vote is the supreme and sacred rights for every citizen of a democracy. They also left behind an institution that many students of the court said appeared diminished, if not actually tarnished, by its extraordinary foray into presidential politics. Their power is legitimate only if they give reasoned arguments for what they do.