A standard element of our legal system is that the same events often give rise to both civil and criminal liability. For example, a person who commits rape, murder, or assault is subject to criminal penalties, and also to civil suits by his or her victims. In such cases, a criminal conviction is not a prerequisite to civil liability. Indeed, even an actual acquittal on criminal charges doesn’t necessarily preclude civil lawsuits against the perpetrator. Just ask O.J. Simpson, who was famously acquitted of criminal charges in the murder of his ex-wife Nicole Brown Simpson, and Ron Goldman, but later lost a civil case filed by the victims’ families. The criminal acquittal didn’t stop Simpson from incurring $33.5 million in civil liability. The criminal and civil cases were distinct, and the result of one did not determine that of the other.

The same reasoning applies to Trump. The absence of a criminal conviction for insurrection doesn’t immunize him from civil proceedings arising from his role in the January 6 attack on the Capitol. Disqualification under Section 3 is a civil issue, not a criminal one. It cannot result in a prison sentence or other criminal sanctions.

[I couldn’t disagree more, but read all of Somin’s argument anyway. Section 5 of the 14th Amendment gives Congress authority over its enforcement “by appropriate legislation.” Congress finally responded by making rebellion and/or insurrection a federal crime in 18 USC 2383 in 1948, which removed it from a civil consideration, at least in terms of disqualification. After that point, the only legitimate disqualification would come through a federal prosecution and conviction. — Ed]