In a
per curiam decision, the Court, by a 5-4 vote,
[1][2] ruled that no alternative method could be established within the time limit set by
Title 3 of the United States Code (3 U.S.C.),
§ 5 ("Determination of controversy as to appointment of electors"), which was December 12. However, seven of the justices agreed that there was an
Equal Protection Clause violation in using different standards of counting in different counties.
[3] Three concurring justices also asserted that the Florida Supreme Court had violated
Article II, § 1, cl. 2 of the Constitution, by misinterpreting Florida election law that had been enacted by the
Florida Legislature.
The decision allowed
Florida Secretary of State Katherine Harris's previous certification of
George W. Bush as the winner of Florida's 25
electoral votes to stand. Florida's votes gave Bush, the
Republican candidate, 271 electoral votes, one more than the required 270 electoral votes to win the Electoral College and defeat
Democratic candidate
Al Gore, who received 266 electoral votes (a
District of Columbia elector abstained).