If they have legal grounds to pursue this and have those votes thrown out they should take it to the max. Too much is a stake.
Constitutional conservatives have given a lot of money to TeaParty groups and the Conservative Republican Senate Committee (or whatever they call themselves). They've used it to fund some candidates of questionable campaigning skill and/or true commitment to our values.
What's my point? They should be spending EVERY DAMN CENT they already have to fund this legal challenge!