You did such a good job with Bush v Gore
http://press-pubs.uchicago.edu/sunstein/chapter9.html(snip)
If this is correct, then the United States Supreme Court’s decision was not even on the continuum I described above. It was not comparable, for example, to judges’ having an intuition that school segregation is unconstitutional, then groping for a theory that would justify that conclusion. School segregation was a familiar thing, as were the basic principles of the Equal Protection Clause. It is hard to believe that anyone on the Supreme Court really had strong intuitions about (or even more than a bare familiarity with) the provisions of Article II of the Constitution, or Title 3 of the United States Code, that played such a large role in the Bush v Gore litigation. The Equal Protection Clause was the ultimate basis for the decision, but the majority essentially admitted (what was obvious in any event) that it was not basing its conclusion on any general view of what equal protection requires. The decision in Bush v Gore was not dictated by the law in any sense—either the law found through research, or the law as reflected in the kind of intuitive sense that comes from immersion in the legal culture.
(snip)
There is only one circumstance in which the balance of equities might have favored Governor Bush: if a majority of the Supreme Court had already decided how it was going to rule. If there had been any chance that the Vice President would win in the Supreme Court, the stay was indefensible. But if it were a foregone conclusion that the Florida Supreme Court’s decision would be reversed, even the administrative expense of counting might justify a stay. In addition, if five Justices has already made up their minds that they were going to rule in favor of Governor Bush, the stay, however, controversial, ensured that they would not be in the awkward position of reversing an apparent Gore victory. The hypothesis that best explains ththe majority’s decision to grant a stay despite the imbalance in the equities and the questionable nature of Governor Bush’s interest is that the majority knew, when it granted the stay, how the case would come out.
(snip)
The Florida Supreme Court issued the opinion at 4:00 p.m. on December 8. <16> The United States Supreme Court granted the stay at 2:45 p.m. on December 9. <17> In less than 23 hours, five Justices evidently had decided that Governor Bush was sure to prevail, because in view of the harm to the Vice President, the stay could not possibly be justified if there had been any doubt. The Justices reached this decision even though they had little or no prior familiarity with the state law involved, and even though they were acting on the basis of a very hastily prepared stay application and opposition.
It is hard to resist the conclusion that they knew all along what they were going to do.(snip)
Remember they hate us for our Freedoms :crazy: