[Alberta's Child]

Part of the disagreement on this point goes back to the 2000 election, when the Bush legal team was making a compelling legal case that the required 270 EV total was fixed based on the size of the Electoral College at the time of the election.

In other words (according to this legal rationale), Gore wouldn't have gained anything by disrupting the Florida legal process to the point where they couldn't certify their electors and he would have had the majority of the national electoral votes minus Florida's total. His only possibility of success would have been to win Florida's electoral votes outright.

[goldstategop]

Gore only needed to win FL where the margin was razor-thin.

Hillary would need to flip three states. Yeah, a tall order.

[jonno]

“Gore wouldn’t have gained anything by disrupting the Florida legal process “

Are you sure about that? From what I can see, Gore’s EC count was 266 - without FL. If FL had been still mired in a recount morass - thus taking their votes “off the table” - GWB would have (only) had an EC count of 246 (271 - 26 FL EC votes).

[Jack Black]

The legal arguments in Bush v. Gore didn't include those points.

the Court ruled that there was an Equal Protection Clause violation in using different standards of counting in different counties and ruled that no alternative method could be established within the time limit set by Title 3 of the United States Code (3 U.S.C.), § 5 ("Determination of controversy as to appointment of electors"), which was December 12.[1] The vote regarding the Equal Protection Clause was 7–2, and regarding the lack of an alternative method was 5–4.[2]

[stylin19a]

and that’s what the 12th amendment seems to be saying.