So your point brings up an aspect of this case I find interesting. The lower court in Colorado had two points of law to rule on to remove Trump from the ballot. 1. Did he participate in an insurrection? and 2. Does the law exclude him from office as president if he did? The lower court ruled yes on both counts. The appeal to the State Supreme court was based on reversing the ruling that the law applied to the Office of the President. Nowhere was the question of was it an insurrection before the State Supreme Court. They ruled the law applied and assumed that the lower court was correct in their ruling on participation.
We can all agree the ruling was mickey mouse at best.