That's McLaughlin's point - they should have answered that question and ended the progressive lawfare on Section 3 as applied to Trump once and for all. And the ability to answer the question was before the Court:
Quote:
Section 3 disqualifies anyone from "hold[ing] any office, civil or military, under the United States, or under any state" if they "have engaged in insurrection or rebellion against" the United States, "or given aid or comfort to the enemies thereof" after previously swearing an oath "to support the Constitution of the United States."
Either he engaged in insurrection, or he didn't. The facts indicate he didn't, so that's how they should have answered it, according to McLaughlin. It's pretty easy to say that the ruling didn't meet an essential element of the law, and that's all they needed to say but as Mclaughlin stated they lacked the courage.
These justices are like the Pharisees. Is it easier to say, "your sins are forgiven" or to say, "get up and walk". They didn't need to go into elaborate analysis to explain why Trump's sins are forgiven. In keeping with the spirit of the law they just had to say there is no insurrection, case dismissed.