You are saying, the Supreme Court decision will be based on evidence of whether or not he participated in an insurrection? You don't think they will look for a narrow ruling? That seems strange, in that only allowing 40 minutes for oral argument.
I do not think that is what The Supremes will be ruling on, at all. They would rather not get into this case at all, so definitely not going to eat the whole apple, with both sides only getting 40 minutes apiece. This is an appeal hearing, not a jury trial. You should read more on what the Supreme Court does.