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I was kinda amazed that it's almost impossible to tell from the article that the first half of the main decision - that Florida's recount system was unacceptable - was 7-2, not a partisan vote. The words "7-2" don't appear in the article. MikeR613 (talk) 21:13, 17 May 2024 (UTC)[reply]
Your assertion is addressed in the article, as follows:
"Breyer and Souter disagreed with the majority, pointing out that Bush presented no evidence in any court of uncounted legal overvotes and did not see any problem in Florida's decision to limit its recount to undervotes. The dissents of Breyer and Souter were full dissents. Unlike the five-justice majority, each identified an equal protection concern that did not rise to the level of a constitutional violation, and proposed a remedy different from the majority's remedy. A dissenting opinion does not create precedent nor does it become a part of case law. Under the American legal system, dissenting court opinions are not considered valid holdings and are not included in the court's ruling. Nothing in Breyer's or Souter's dissents can be construed as part of any decision by the Court."
