Pretty sure judges aren’t allowed to just decide Trump committed insurrection without charging and convicting him.
Even if Trump had participated in an insurrection the amendment would not apply to him. It states,
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States,...”
Someone please show me where this can be applied to an ex U.S. President? He never took an oath as a member of Congress and the President is not considered an officer of the United States. Certainly he was never a member of any State legislature, or an executive or judicial officer of any State. I hope that is the question SCOTUS settles.