According to Power Line Blog the Minnesota Supreme Court did not rule on the issue of counting votes twice because they felt that the issue would be better decided in a longer hearing which would include evidence and fact-finding.  Evidently, they felt that the ‘abbreviated proceeding’ did not allow the issue to be resolved.  The question they are trying to resolve has to do with machine malfunctions and handwritten ballots–some handwritten ballots were cast when the machines did not work properly.  These ballots need to be matched up so that one person’s vote is not counted twice.  The other issue in this recount is that the standards of ‘voter intent’ vary a great deal with each voting district, and two ballots with identical markings may be counted differently depending on the district and the counters.  However, I go back to my original statement–if it hadn’t been close, this fiasco would not be happening.  Minnesota, if you wind up with Senator Al Franken, it’s because you have earned him.