Pence is making the correct call. Keep the courts hand out of the powers of the other branches. We don't need to give them a chance to put a ruling that could risk his abilities.

As we have seen, the courts are more than fine with letting people do things then refusing to hear a case. So in theory Pence could just ignore contested states and the courts would be inclined to just watch or have to stretch out a hearing which wouldn't finish before Trump would win.