7 out of 9 justices did agree that what the Florida Supreme Court had done was unconstitutional but only 5 of them actually ruled to stop it.
Nope! Votes were about 2 different things!
One was to stop the counting and the other was to decide if the counting was unconstitutional because of the equal treatment under the law clause. And .. if Gore had only ask for a recount of the whole state - which he was legally entitled to do .. there would have been no need for a vote.
The "unconstitutional" was the reason for the 7-2 vote (which to me was more important). It was unconstitutional because the FL Supremes CHANGED THE VOTE COUNTING RULES IN THE MIDST OF THE ELECTION - which treated the FL counties unequally.
It was 5-4 to actually stop the counting.