Did you read Judge Goldsmith’s ruling? It says “At that time, the recount shall commence and must continue until further order of this court”. Time referenced was Noon, Dec 5th. He also directed the state to assemble necessary staff and work sufficient hours to meet the safe harbor provision.
His order is embedded in the article in the link below.
Breaking news....Michigan GOP files suit with 6th circuit to stop Michigan recount order.
His entire due process argument is predicated on the argument that if the recount is granted, it would be a due process violation if the entire state can't be counted.
Absent the due process argument, he has no Constitutional footing. That argument would be mooted if the MI courts rule that there are no procedural grounds for a recount.