it stems from the courrts reasoning. Having hung the decision on the standardless recounts, McConnell felt the proper thing to do was to Remand it back to FLA for a recount that met constitutional stndards.
"Remand it back to FLA for a recount that met constitutional stndards."
I thought the Florida court had established a terrible lack of ability to find a standard. They continuously stated 'where the intent of the voter is evident'. The remedy they continued to offer was always one open to personal interpretation. That was the whole problem.
A standard had already been defined by Florida law, ie, a legal vote is one that can be read by the machines. If the machine cannot read the ballot, it is not legal. The Florida court did not follow their own law, hence, the intervention by the Supremes.