I thought the relevant aspect to this whole thing was that Jeb had certified the results while all this was going on, making all the SCOTUS stuff moot in “deciding” who was to be POTUS. The usual processes would have proceeded to elect Bush.
I caught part of Mark Levin's program Monday evening and I believe his position was the same as yours. If I understood him correctly, he said the only real remedy open to Gore would have been to contest the certification of Florida's electors, in which case congress would have voted. And given the composition of congress at the time, Bush would still have won. At least that's how I understood the part of his commentary that I was able to catch.