In it, but not of it. TPM DC
"I think the takeaway from this opinion is that the court is going to require that ballots that are proffered to be counted meet the exacting standards of the law," Elias said, adding that "a party seeking to include a ballot in the count will have to meet an exacting burden of proof, demonstrating that the ballot meets each and every requirement, and element of the statute, in order to be counted."
Elias also addressed the Coleman campaign's claim that the exclusion of improperly-cast ballots was a violation of Equal Protection -- that since negligence by some election officials in the state allowed similar ballots in elsewhere, the outstanding ones have to be counted, too. The court didn't explicitly address this idea yet, Elias said, but the exclusions here and the requirement of a high burden of proof to show that a ballot was properly cast would appear to shoot down Coleman's arguments.
More details will emerge over the weekend, as the campaigns and the media sort through Coleman's pool of 4,800 ballots that he's been advocating for, and figure out how many (or few) of them are left. But so far the Franken campaign has some genuine reason to be happy.