recount

Olson filed an emergency appeal seeking to halt the recount of untabulated paper ballots in Florida.

Late that Tuesday evening, the court ended the Florida recount in an unsigned opinion with four dissents.

If the margin between them is less than one percent — as it is right now — he can request a recount, though that no recount has yet reversed a statewide election in Wisconsin.

In 2000, a less conservative court, in a 5-4 decision, halted a recount in Florida, handing George W. Bush the presidency.

"Bush v. Gore set a precedent for the Supreme Court to get involved. It's not clear that they ever should have, or that they should have stopped that recount," Finkelstein said.