After the SCOTUS laid down the law in Bush v. Gore, the lower federal courts are perfectly capable of applying it to new cases. But what would the remedy be? If it's proven that voter's rights were violated, then the courts could require a brand new election, couldn't they? Then Democrats could run yet another recycled candidate.
If the decision is made before Election Day, I imagine a possible remedy would be to run the election with Torricelli on the ballot, with suitable precautions taken for counting military ballots.
It would be a lot harder to devise a suitable remedy after the election is held.