<P> No one familiar with the jurisprudence of Justices Rehnquist, Scalia, and Thomas could possibly have imagined that they would vote to invalidate the Florida recount process on the basis of their own well - developed and oft - invoked approach to the Equal Protection Clause . </P> <P> The dissent of Justice Stevens was criticized by George Mason University School of Law Professor Nelson Lund . Lund said: "(t) he best known passage, which comes from Justice Stevens' dissent, consists of a rhetorical flourish rather than analysis ." In that passage, Stevens had criticized the Court for questioning the impartiality of Florida's judiciary . </P> <P> Professor Charles Zelden faults the per curiam opinion in the case for, among other things, not declaring that the nation's electoral system required significant reform, and for not condemning administration of elections by part - time boards of elections dominated by partisan and unprofessional officials . Zelden concludes that the Court's failure to spotlight this critical flaw in American electoral democracy made a replay of Bush v. Gore more likely, not less likely, either in Florida or elsewhere . In 2013, retired Justice Sandra Day O'Connor, who had voted with the majority, speculated that perhaps the Court should have declined to hear the case, which "gave the court a less - than - perfect reputation". </P>

What was the central issue of the 2004 presidential election