Tillman noted that Justice Chase's statement was not his official opinion, but merely a remark from the bench at oral argument, and therefore the failure of the other justices to contradict him should not elevate the status of Chase's remark to an official opinion by either him or by the Court. Moreover, Tillman argued that there were several other grounds potentially explaining the Court's decision, including: that the proposed Eleventh Amendment was in fact delivered to George Washington, he declined to sign it, and Washington's non-signature did not amount to a pocket veto because Congress remained in session. If this latter explanation explains the Court's obscure language in its opinion, then the Court only decided that on the particular facts actually before it the Eleventh Amendment was valid.