To Olson's argument, Tribe replied that the Florida justices weren't writing new code but merely interpreting conflicting Florida statutes. (One sets a tight deadline for certification and the other allows hand recounts, which can take a long time.) And anyway, Tribe argued in his typically agile brief, the electoral-count law simply offers incentives to states who follow its provisions--but doesn't punish them if they don't.

CNN: May It Please The Court