Five conservative justices, who often denounced what they called an activist judiciary, and federal overreach in general, now ruled that Florida did not have the right to count the ballots in the election held in its own state.154 In fact, no entity could tally those votes. The recount violated the Fourteenth Amendment’s equal protection clause, the justices contended, because the process was for those counties with numerous electoral failures and, therefore, some people, somehow, somewhere (that would be in those counties where the polling machines actually worked) weren’t going to have their
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