So here’s the problem they faced in a nut shell: They absolutely had no basis to countermand the fact finding of the lower courts. I.e., if the lower courts found it was an insurrection and Trump didn’t really even try to say he wasn’t. At least that wasn’t the main thrust of his argument. And they really didn’t want to entertain that bullshit about the president not being an officer. So where do they go? Clearly, Roberts and crew weren’t comfortable with where the libs were, which is “states don’t get to say, but someone does”. I goes they felt they had to invent something, and the something turned out to be section 5. Ok. It’s a stretch that you don’t have to be a legal scholar to see though, but the problem is that they were all just uncomfortable with the facts. They were too afraid to just apply the law, because the consequences were too much to face. So now we have a wack-ass precedent that could stand for 150 years. Insane.