In your scenario, the surgeon (even though they didn't come in) has actually reviewed the ED physician's history, the labs, and the scan before finally posting the case himself. I.e. a surgeon ultimately made the surgical decision making.
Maybe I missed something but
@jwk didn't make any mention that a surgeon was involved at all (even by phone) in the time the pt arrives to the ED, is admitted, booked, and then transported to pre-op in the morning. Even when I prompted that there must be some missing detail about the surgeon's involvement at the time of admission and case booking he said nope. Perhaps he can clarify whether in his scenario the surgeon is curbsiding from home and posting the case.