531US1 Unit: $$U9 [05-01-02 10:02:37] PAGES PGT: OPIN Cite as: 531 U. S. 98 (2000) 135 Ginsburg, J., dissenting treatments, to be applied within and among counties when passing on such identical ballots in any further recounting (or successive recounting) that the courts might order. Unlike the majority, I see no warrant for this Court to assume that Florida could not possibly comply with this requirement before the date set for the meeting of electors, December 18. Although one of the dissenting justices of the State Supreme Court estimated that disparate standards potentially affected 170,000 votes, Gore v. Harris, 772 So. 2d, at 1272–1273, the number at issue is significantly smaller. The 170,000 figure apparently represents all uncounted votes, both undervotes (those for which no Presidential choice was recorded by a machine) and overvotes (those rejected because of votes for more than one candidate). Tr. of Oral Arg. 61–62. But as Justice Breyer has pointed out, no showing has been made of legal overvotes uncounted, and counsel for Gore made an uncontradicted representation to the Court that the statewide total of undervotes is about 60,000. Id., at 62. To recount these manually would be a tall order, but before this Court stayed the effort to do that the courts of Florida were ready to do their best to get that job done. There is no justification for denying the State the opportunity to try to count all disputed ballots now. I respectfully dissent. Justice Ginsburg, with whom Justice Stevens joins, and with whom Justice Souter and Justice Breyer join as to Part I, dissenting. I The Chief Justice acknowledges that provisions of Florida’s Election Code “may well admit of more than one interpretation.” Ante, at 114 (concurring opinion). But instead of respecting the state high court’s province to say what the State’s Election Code means, The Chief Justice maintains that Florida’s Supreme Court has veered so far from the ordinary practice of judicial review that what it did cannot