The Constitution does not limit state legislatures' power to choose the method of selecting electors.
The method of selecting electors was left to the states.
Professor Kmiec said the court might feel it was important to interpret the constitutional provision that declares that state legislatures are to set the rules for selecting electors.
In several states, this included changing the process of selecting electors to ensure the desired result.
The process for selecting electors varies throughout the United States.
Some saw the court's conclusion that Florida could not satisfy equal protection concerns and meet its own deadline for selecting electors as a purely political decision.
As the majority explicitly holds, once a state legislature determines to select electors through a popular vote, the right to have one's vote counted is of constitutional stature.
The legislature has the power to select electors.
The Florida Supreme Court, for example, seemed convinced that new counting must be completed by next Tuesday, the date Florida is to select electors.
Mr. Bush's lawsuit does raise federal issues: federal law requires that Florida's legislature, not its judiciary, establish the rules for selecting presidential electors.