but the block would get orphaned?
No, why would they?
because the 1 TX the miner included, is obviously an attack to try and get the other miners to run in circles validating for minutes while he starts on the new block?
let's ignore the fact that miners have a strong incentive to keep the network running smoothly... and think about this WILD speculation that with 2MB blocks a miners can block all mining on the network by creating extremely complex transaction that take a long time to validate.
why can't the other miners simply orphen these blocks?