the judge isn’t using that as a qualifier for his ruling, he’s using it to refute FL’s assertion.

Refuting it implies it’s worthy of addressing when it is irrelevant.

Not
"[She]'s a poor teacher so therefore does not deserve rights." "Actually, she's a good teacher."
But
"[She]'s a poor teacher so therefore does not deserve rights." "Shut the fuck up. Fucking fascists."