Word: recounted
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...recount is impossible, Olson concluded, because standards are inherently subjective and violate the Constitution's equal protection clause...
...Boies made an abortive attempt to command the session immediately, but was steered back to the question of jurisdiction. He then got locked in a heated exchange with Justice Kennedy, maintaining the Florida Supreme Court did not, as the Bush team argues, create new law when it ordered a recount, but rather that it simply interpreted existing...
...bottom line, explained Boies, is that the undervotes must be counted. Even if there is a deadline looming, he added, there's ample time to count votes in the counties requested by the Gore campaign. "We didn't ask for the statewide recount order, your honors," he said...
...Once again, the Justices seemed unsure as to what, exactly, a recount order would mean. What standards would be used? Trying to convert a skeptical courtroom to his point of view, Boies pointed out there is already a standard established by the Florida legislature, and that standard should be used. "But what does that standard mean?" persisted the questions...
...Befitting their belief the recount should continue, Justices Breyer and Souter seemed particularly interested in establishing a standard both parties could accept, while O'Connor sounded annoyed that the dilemma existed in the first place. "Why isn't the standard what the voter are instructed?" she demanded. "The instructions couldn't be clearer, for goodness' sake...