1) Calabresi has flip-flopped but the Federalist Society still very much considers this a live ball. 2) The issue isn't so much the application of the 14th amendment as it is state's rights, which is a big Federalist Society figleaf. The Colorado court's argument relies on a Gorsuch decision about state's rights in determining eligibility for federal office as it pertained specifically to Colorado. 3) The interests of the Federalist Society are not served by disregarding constitutional amendments on this one. Not only that, but their actions here are in the teeth of a historic ebb in legitimacy. We're looking squarely at a "switch in time saved nine" situation here in that if Thomas doesn't recuse and the court rejects state's rights, the Supreme Court better hope there's never another election because court packing becomes an inevitability. The justices Trump appointed have an easy 30 more years as thorns in our sides; three more justices is an obvious and easy play.