The “Insurrection Clause” Doesn’t Apply Without a Declaration of Insurrection
Colorado judges don't get to declare that there was a federal insurrection.
For the “insurrection clause” to apply, there has to be an insurrection. That means there has to be a declaration of insurrection.
Congress and the Biden administration both must define and declare an insurrection.
There’s been no declaration now which means, legally speaking, there’s no insurrection and therefore no insurrection clause applies.
The 14th is still a legal minefield in this regard and the ability of a president to claim insurrection is in theory an open-ended nightmare. Biden could, for example, hypothetically declare that an insurrection is underway, but he hasn’t so the point is null.