Michael Abramowicz and Maxwell Stearns further argue that if the Florida Supreme Court had clarified or reinterpreted Florida state law on remand, then the United States Supreme Court might have struck down the Florida Supreme Court's action as being a violation of Article II of the United States Constitution. Abramowicz and Stearns also argue that if the Bush v. Gore "per curiam" opinion genuinely allowed the Florida Supreme Court to clarify or reinterpret Florida state law and to thus order a new Florida manual recount, then Justices David Souter and Stephen Breyer likely would have joined the Bush v. Gore "per curiam" opinion–which they had not done. Laurence Tribe has a similar view on this issue, arguing that "[even assuming the leeway regard to the remedy the Court theoretically left open was real, the window it had failed to slam shut was hardly the sort of opening through which anyone would dare to crawl."