That is a valid concern.
However, it ignores one critical issue.
Texas opens by directly citing Republican Party v Boockvar -- which is also pending in SCOTUS -- and that opening citation was no accident.
Republican Party PA is the case where PA directly disobeyed an Emergency Order by Justice Alito to segregate ballots. Alito is not going to allow that to pass unaddressed.
* "That all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept “in a secure, safe and sealed container separate from other voted ballots"
“The Supreme Court will not take up this case because something should have done months earlier.”
That is a valid concern.
Except for one thing. The Illegal votes were not committed yet.. It took the election for the illegal votes to be unconstitutional!!