not sure I take your meaning... If he knew he would win in the ussc... would he push this now... I think YES.
if he knew he would lose somewhere on appeal and thus have things delayed until it was too late (trump is elected)... I think yes also.
If he knew he would be overturned at the USSC would he appeal to end it al now? NO he would not.
am I reading it wrong?
Nope, sounds like you got it exactly right.