I don’t know if that approach will succeed. WI law allows counties to choose their method for recounting. I actually think the WI recount should happen, to put to rest the spurious claims of anomalies.
But, as the OP stated: this is a violation of a US Supreme Court decision.
As you may remember, Gore tried to conduct a recount in only selected counties where he thought he could get more votes. The Court said "no, you count all of them the same way, or don't bother".