That would be confusing! Not at all. I'm simply saying your take is a lot like a popover and think that Apple's implementation though not perfect, is closer to a folder. Actually, to be exact they should have really called it "Drawers" because that's how their animated and in a drawer, contents do indeed get shuffled around!

Although, I've had instances when handling bulky folders and moving them around, the top most documents would get accidentally rearranged! ;-)