BOIES: We are here, your Honors, trying to get justice for the American people, and to assure that their votes are counted according to the standard in Florida: the intent of the voters.  From the writing of the Declaration of Independence, which said, "Governments are instituted among Men, deriving their just powers from the consent of the governed,"…

O'CONNOR: Don't quote us the price when we haven't got the time…

[LAUGHTER]

BOIES: I think ... the court needs to take into account the fact that the American people believe themselves to be entitled, if legally registered, to vote for their Presidential electors.  The breadth of federal court opinions on this subject have held that voter error, where voter intent can be determined, is not sufficient reason to deny this right.

O'CONNOR: I'm sorry. You are responding as though there were no special circumstances here.  There are!  Some of us on this bench would like to retire, and will not be able to, until Bush is President.  We can't let Gore become President, even if he is the preference of the voters!  We can't!  I want to go back to Arizona and rope horses!

BOIES: I think there is, Your Honor, no reason why your personal preferences concerning who you would vote for should nullify the votes of other voters, or the voters in question here.

O'CONNOR: You think?  Who cares what you think?

BOIES: But, Your Honors… 

O'CONNOR: Here's, I think, another concern that we have. We did not find, really, a response by the Florida Supreme Court to this court's remand in the case a week ago. Why are they refusing to bow down and kiss our butts like everyone else?

BOIES: Your Honor, the Florida Supreme Court was focusing on this contest period, not on the protest period decision to which you now refer.  With respect to Miami-Dade and Palm Beach, there was a contest trial. It is the appeal from that trial that is before this court. In that trial record, there was undisputed evidence that the votes that were counted there were valid, legal votes, and those votes need to be included.''

SCALIA: Fine.  You can win your little "contest."  But what the Florida Supreme Court said is that there shall be added to the certification these additional numbers.

BOIES: Of course.  That is the purpose of bringing a contest.  To correct an incorrect certification, and to establish that the will of the people is reflected in the election results.

SCALIA: Those legal votes established by the contest trial cannot be added to the certification.

BOIES: What the hell are you talking about?  Are you insane?  Of course they can be added to the certification.  They have been found, as a matter of fact and law, and with the agreement of the Bush campaign, to be legally cast votes!  You have to include them in the results!

SCALIA: You may do a review of the ballots and have your little "contest" of the certification, but you can't change the certification. You may win, but the votes don't count.  Case closed!