So, here's the question... what is a legally cast vote? The State of Florida has said that "no vote shall be declared invalid or void if there is a clear indication of the intent of the voter as determined by the canvassing board." Here is the essence of the problem. There isn't a unified standard for what this means for each voting mechanism. Keep in mind that Florida uses all sorts of different voting methods... punch cards, scanning, and even hand counted ballots in smaller counties. You know... hand counting... that method they used to use reliably until the 50's-60's... That way of counting ballots that doesn't have a 5-10% error rate, depending upon the type of old, obsolete equipment you use.
In short, it looks like the Supreme Court is going to try to tell us that you can't count votes that aren't machine tabulated unless you use a uniform statewide standard to count the votes. Nevermind that it is too late to impose a uniform method of how people actually voted (scanned ballots, punch ballots, etc.) So, are the Supreme Court going to do the obvious thing and provide a remedy and a standard that is uniform, and then allow the recount to continue? Almost certainly not...
Why? Because, the partisan powers that be have decided that this election will not be decided by counting the votes... even if the votes are counted using only the strictest interpretation of what would constitute voter intent.
Is there anyone who can make a convincing argument that these votes shouldn't be counted according to some kind of standard? A standard that the Supreme Court could obviously supply/clarify? Really, the standard of counting probably doesn't matter as much as actually counting the votes. It's worth noting that up until now, no votes have been successfully thrown out by any judge during the election... no overseas absentee votes, no absentee votes where the paperwork was illegally filled in... no votes whatsoever. Why? Because so far, judges have understood that the most important factor is that all legally cast ballots should be counted. If the Supreme Court doesn't provide some fair method to tabulate the votes and chooses to ignore the votes of many thousands of voters, then they have betrayed the most basic right of citizens and have failed us all.
The only conclusion I could draw if Bush won under such circumstances is that he was an illegitimate ruler who not only lost the popular vote, but who probably lost the popular vote in the State of Florida. Decisions on how my tax dollars would be spent would be decided on by someone who wasn't voted into power. Taxation without representation.
Here's my simple solution to the problem if it ever gets that bad. My first choice would be for California to secede from the nation, but failing that, we should spread the word that everyone should stop paying taxes and basically do whatever they can to throw a monkey wrench into the gears of the Federal Government until all the votes in Florida are counted according to a method decided on by the U.S. Supreme Court. What could the government do? Throw us ALL in jail?