John,

>Bush tried to get a third question in that dealt with the arbitrary nature the
>ballots are being counted and that in it of itself, violated the equal protection and due process clauses. The court felt that this one was a stretch since it really boils down to issues of fact - not law.

What is your source for the above statement about what the court felt?

I think you might be assuming too much, since they may have just been deferring to the cases in the 11th Circuit dealing with that issue. Perhaps they are waiting for the 11th Circuit to rule, since they dismissed did NOT dismiss that question with prejudice, leaving it open for later consideration.

Did I miss something in the court's statement that clarified what the court felt about question 3?