If they didn't know about him, they were incompetent.
More likely, they knew about him and made a bet he would side with them. They were wrong.
More likely, they knew about him and made a bet he would side with them. They were wrong.
Of course the law is full of funny cases (like the time the Supreme Court filed a per curiam, and then along with it a unanimous partial concurrence). Figuring out what was meant there is... well, something lawyers can argue about forever.