Word: equal
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...simplest terms possible, the Court reversed the Florida Supreme Court decision; seven Justices (Scalia, Thomas, Rehnquist, Kennedy, O'Connor, and, with reservations, Breyer and Souter) agreed there were constitutional problems with the recount ordered by the Florida court - specifically the requirements of due process and equal protection. Justices Stevens and Ginsberg argued the case should never have been accepted by the Court...
...curiam decision, the Justices also remanded the case back to the state high court with an a cryptic message: "Upon due consideration of the difficulties identified to this point, it is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work." That work would require the creation of uniform standards for vote counts, the Court explained, as well as time allowing judicial review of those standards. Many observers read that as an indication that there was no way to finish a recount by the December 12 "safe harbor...
...given the attorney a bit of a scare. He and Justice Breyer grilled the Bush lawyer as to what standard might be acceptable "in the hypothetical situation that a recount does recommence." Souter pointed out that without an objective standard, some voters might be disenfranchised, which would violate the "equal protection" clause of the Constitution. "Don't we need a standard," the Justice demanded? Olson agreed that should the high court remand the case to the Florida Circuit Courts and Secretary of State Katherine Harris, he would accept any ensuing standards. Perhaps sensing Olson's fatigue, Justice Scalia jumped...
...recount is impossible, Olson concluded, because standards are inherently subjective and violate the Constitution's equal protection clause...
...outcome may be best parsed by the reactions of the various players. The smaller eastern European states that have been waiting on the doorstep are thrilled - their European "citizenship" will be granted on an equal footing with current members (Poland, for example, managed to win agreement that it would have the same number of votes as Spain, based on the equivalence in population size), and the summit also indicated that the door will be open to some of them as early as 2003. Among the current member states, some of the smaller nations were happy at holding back the designs...