See here. A snippet:

Q. Well, when you say quick appeal, are you confident that you are going to lose the case in front of the three-judge panel? By losing the case, I mean Norm ends up with less votes.
A. I think that’s probably correct that Franken will still be ahead and probably by a little bit more. But our whole argument was that it was a constitutional argument, and it’s an argument suitable for the Minnesota Supreme Court, not for the trial court. So we will see whether we were right or not.

I don’t know that this was their “whole argument.” But more importantly, I don’t think too much of the constitutional argument.