It’s not the key part of anything. As he said, it is a moot point because the sale will be done after tomorrow. The SCOTUS voted ‘present’ on this and in doing so threw the rule of law under the bus. Whether it was on the merits or not is meaningless.
The whole thing is irrelevant to the markets anyway. The SC did not take the case or make any ruling on the merits of the case (which was the key point he made). The last minute appeal failed and no one expected anything to stop the sale anyway. So the people yapping about the markets tanking because of this so-called revelation are in lala land.