Statute of limitations.
Moyer already ruled on timely recount, and here Kerry will get slammed on his ruling, as well (if he had a bitch, he should have come forward before vote was certified).
This is window-dressing.
It will be thrown out on the basis that he missed his timeframe.
That is, if he decides to do anything other than file supporting little documents and constantly "threaten" to kick sand in Ohioans faces.