As far as I can tell, this is just a SQL Server quirk. SQL Server does not allow constants in ORDER BY(and not in GROUP BY, which may occur in other contexts).
Probably the source of this is the sentence ORDER BYin the instruction SELECT:
ORDER BY 1
"1" - , . , ( ), . , ORDER BY 2 + 1 ? ? 3?
, Windows. , , . :
ROW_NUMBER() ORDER BY (CASE WHEN NAME = NULL THEN 'Never Happens' ELSE 'Always' END)
, . = NULL true, . SELECT NULL.