The Colorado Supreme Court just proved that none of those three circumstances are required for their decision-making process.
Classic judicial activism. The District Court grudgingly but correctly for d that the la gave of the 14th Am does not support application to Trump. COSC found they couldn’t imagine e that would be the intent of the framers. When the statutory language is clear, you don’t get to analyzing legislative intent. In other words, they made their s**t up