In the order, they actually said that they would have allowed the case to be “filed” (not heard) but would have granted no further relief. As it was the case was rejected outright (they did not allow it to be filed), they just seem to be saying they would have allowed it to go a step further and then they would have summarily ruled that there are no legal issues raised. Not even sure it would have had a hearing. Seems a bit of a technical difference and likely why they were in the end fine with signing with the order and did not present their point as a dissent.
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