Actually this case should have never gone to the SCOTUS.
Jeb Bush had submitted the certified election results showing W as the winner in Florida to the Feds.
Once that's done according to the law it's a done deal. Any issue to be fought would have next gone to the Congress when they counted and certified the EC votes.
All of the litigation by Algore after that was a moot point in the eyes of the law...despite the fact the Florida Supreme Court was trying to rewrite election law on the fly.
ManBearPig was never going to be President under any recount scenario.
[youtube=425,350]http://www.youtube.com/watch?feature=player_detailpage&v=AV0JncgLP9Y[/youtube]