144
Breyer, J., dissenting
ifying December 18 as the date electors "shall meet and give their votes"); § 12 (specifying "the fourth Wednesday in December"—this year, December 27—as the date on which Congress, if it has not received a State's electoral votes, shall request the state secretary of state to send a certified return immediately). But none of these dates has ultimate significance in light of Congress' detailed provisions for determining, on "the sixth day of January," the validity of electoral votes. § 15.
The Court assumes that time will not permit "orderly judicial review of any disputed matters that might arise." Ante, at 110. But no one has doubted the good faith and diligence with which Florida election officials, attorneys for all sides of this controversy, and the courts of law have performed their duties. Notably, the Florida Supreme Court has produced two substantial opinions within 29 hours of oral argument. In sum, the Court's conclusion that a constitutionally adequate recount is impractical is a prophecy the Court's own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States.
I dissent.
Justice Breyer, with whom Justice Stevens and Justice Ginsburg join except as to Part I-A-1, and with whom Justice Souter joins as to Part I, dissenting.
The Court was wrong to take this case. It was wrong to grant a stay. It should now vacate that stay and permit the Florida Supreme Court to decide whether the recount should resume.
I
The political implications of this case for the country are momentous. But the federal legal questions presented, with one exception, are insubstantial.
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