The attempted usurpation of authority by the Florida Supreme Court was not unconstitutional-it was extraconstitutional.
The correct solution was for the Florida Legislature to appoint electors and so certify to the President of the Senate, as directed by the Eleventh Amendment.
Since the House in January 2001 had a majority of states with majority Republican delegations, and since the Senate was organized by the Republicans, George Bush would have been legally and constitutionally elected President without further enlarging the already too large powers of the Supreme Court, which is not and was never intendd to be an electoral tribunal.