summary by Cohen:
What Epstein really is saying is that he has no legitimate legal argument to make because there isn't a legitimate argument to make. And the argument Ohio now is making instead to justify Husted's actions is atrocious. We shouldn't change the directive now, Epstein told Judge Marbley, because there is no way now to tell which ballots should be counted under the consent decree and which shouldn't be. Got all that? Having created two classes of provisional ballots by an unlawful directive, the secretary of state now wants none of them to be counted. Husted is lucky Judge Marbley didn't order him personally to appear in court.
See the article for the quotes from Arnold Epstein, representing the state/Husted's office:
http://www.theatlantic.com/politics/archive/2012/11/federal-judge-on-ohios-ballot-order-democracy-dies-in-the-dark/264983/#
"Democracy dies in the dark"