The challenge being presented to the 5th circuit is that the drive-through polling places aren't legal because state law says polling places must be inside a building - the lawsuit challenges that tents don't count. But from what I've seen they're only trying to shut down drive-through voting on election day at this point, they gave up trying to challenge the votes already cast.
So Harris County clerk Chris Collins is shutting down 9 of 10 drive through sites, the one remaining open is at Toyota Center (the Rockets arena) which I assume is inside the building.
The problem with challenging the ballots already cast is that the drive-through voting plan was publicized well before voting began, and the idiot republicans decided to wait until after a ton of votes were cast to raise their objection. All those votes were cast in good faith, with no apparent objections, so there's really no reason to throw them out over a ridiculous technicality. My guess is that the republicans behind the lawsuit planned to wait until the last second, hoping to get as many votes thrown out as possible with no time for notifying those voters that they needed to vote again, also knowing that even if those voters got word many wouldn't return to re-vote.
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