But O'Connor and Kennedy seemed skeptical of approving a recount.

O'Connor warned of a "big red flag" in election law that seemingly requires courts to defer to the legislative branch, and Kennedy pointedly questioned recount standards that would vary from "table to table and county to county."

Without a change in one of their votes, the Court's 5-4 decision in favor of Bush on Saturday is likely to stand--and Gore's election challenge will effectively be over.

The justices set no timetable for a ruling yesterday, but given the importance and time constraints of the case, a decision as early as today is possible.

Although Tribe was replaced by Boies to argue before the court yesterday, Gore Deputy Press Secretary Julia M. Payne said the change was made because Boies knows Florida law best, disparaging "horrible Washington rumors" that the Gore team was disappointed with Tribe's performance before the court Dec. 1.

"Since David has been involved in the Florida legal effort since the start, it would obviously be best" for him to argue the Florida case before the court, Payne said. "He and Larry Tribe worked all night on the brief, and Mr. Tribe returned to Florida this morning when the case went to court."

--Wire reports were used in the reporting of this story.

--Staff writer Edward B. Colby can be reached at ebcolby@fas.harvard.edu.