Gary, I think you have what they are doing.... they are stalling until they have a clear indication of what the hand count is going to turn up. If it looks like it will go Gores way, they will rule in the demo's favor. If it looks like Bush will win anyway, they will rule in the repub's favor. Either way they want to be on the winning side. It's all political. Not many of our courts rule based upon the law anymore. They rule rather based upon their political beliefs and what the powers that be may do for them.
Guess you can tell how I feel about our courts. I got that way reading the federal and state court opinions dealing with the 2nd. Very telling how they will twist, lie and ignor to rule the way they want.