Bush v. Gore

Justice Breyer, with whom Justice Stevens and Justice Ginsburg join except as to Part I-A-1, and with whom join except as to Part Justice Souter joins as to Part I,

dissenting.

The Court was wrong to take this case. It was wrong to grant a stay. It should now vacate that stay and permit the Florida Supreme Court to decide whether the recount should resume.

I

The political implications of this case for the country are momentous. But the federal legal questions presented, with one exception, are insubstantial.

*145A

1

The majority raises three equal protection problems with the Florida Supreme Court’s…