Not only that, but the judicial activism awas on the part of SCOFLA - it was the Florida court that was denying equal protection.
LOL - Alito hasn't studied the case
Kohl intimates that Alito is covering up, that Kohl thinks Alito has thought about "whether it was correct to take the case" and Kohl is pretty hot on demanding an answer
Alito reiterates, "My honest answer is I haven't studied it"
Notice that Kohl was demanding Alito's personal opinion on the Bush v Gore stuff. Alito slapped him down by showing that his personal opinion did not count, that he would have to study the facts as it pertained to law- and he had not done that yet.
Oh yeah- Kohl also stated that this type of election law case would never come before the SC again. Alito disagreed with him- pointing out that election laws will most certainly come before the SC again. Perhaps not the Presidential race- but most definitely a different election.