531US1 Unit: $$U9 [05-01-02 10:02:37] PAGES PGT: OPIN Cite as: 531 U. S. 98 (2000) 111 Rehnquist, C. J., concurring Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy. See post, at 134 (Souter, J., dissenting); post, at 145–146 (Breyer, J., dissenting). The only disagreement is as to the remedy. Because the Florida Supreme Court has said that the Florida Legislature intended to obtain the safe-harbor benefits of 3 U. S. C. § 5, Justice Breyer’s proposed remedy—remanding to the Florida Supreme Court for its ordering of a constitutionally proper contest until December 18—contemplates action in violation of the Florida Election Code, and hence could not be part of an “appropriate” order authorized by Fla. Stat. Ann. § 102.168(8) (Supp. 2001). * * * None are more conscious of the vital limits on judicial authority than are the Members of this Court, and none stand more in admiration of the Constitution’s design to leave the selection of the President to the people, through their legislatures, and to the political sphere. When contending parties invoke the process of the courts, however, it becomes our unsought responsibility to resolve the federal and constitutional issues the judicial system has been forced to confront. The judgment of the Supreme Court of Florida is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. Pursuant to this Court’s Rule 45.2, the Clerk is directed to issue the mandate in this case forthwith. It is so ordered. Chief Justice Rehnquist, with whom Justice Scalia and Justice Thomas join, concurring. We join the per curiam opinion. We write separately because we believe there are additional grounds that require us to reverse the Florida Supreme Court’s decision.