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In their petition for certiorari filed at the Supreme Court the next day, the Bush lawyers asserted that the ruling raised three federal questions: that the "arbitrary, standard less, and selective manual recounts" violated the constitutional guarantees of equal protection and due process; that the extension of the deadline violated an 1887 federal law, the Electoral Count Act, 3 U.S.C. Sec. 5; and that the Florida Supreme Court had supplanted the state legislature's special role, set out in Article II of the Constitution, to determine the method for choosing electors.
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