Whatever happens over the next few weeks, it looks like we're going to have litigation over 14th Amendment § 3 over the next 2 election cycles. Congress can (should!) pass a 4th Ku Klux Klan Act that gives structure to that litigation. But courts will ultimately decide this 1/

If Congress passes a joint resolution purporting to disqualify Trump from running in 2024, we'll face the Q of whether that's a bill of attainder. (& even if it is, we'll face the Q of whether Trump is DQ'd regardless .... ) 2/

Even if Congress does nothing, some secretary of state (probably several) will refuse to put Trump's name on the ballot in 2024, claiming that s/he is bound by 14th Amendment § 3 & the Supremacy Clause, & we'll have state-by-state litigation over that 3/

Even if Trump doesn't run, some secretary of state (or several) may refuse to put Cruz or Hawley's name on the ballot in 2024. (& definitely if, eg, Mo Brooks runs for president .... ) 4/

I think it makes sense for Congress to authorize DOJ to bring civil actions in district court to DQ candidates/officeholders. For presidential candidates, set up a 3-judge court procedure in DC federal district court, akin to 28 USC § 2284, w/direct appeal to SCOTUS 5/

Otherwise, we'll have ~20 different cases going on re whether Trump (or another insurrectionist or alleged insurrectionist) can be on the ballot in 2024, potentially all requiring discovery, witnesses, trial-court factfinding, etc 6/

It's a recipe for another chaotic election. So regardless of what one thinks on the merits of the "insurrection"/"rebellion" issue, it makes sense for Congress to establish a rational procedure for resolving this 7/

This doesn't preclude Congress from passing a concurrent resolution expressing its (nonbinding) sense that Trump or anyone else engaged in insurrection. & as @GerardNMagliocc notes, the resolution could be persuasive precedent in a court action 8/

O/c, if the Senate convicts & DQ's Trump, then we don't have the § 3 question w/r/t him (unless he runs for, eg, Palm Beach County dogcatcher). But we likely will have it w/r/t other candidates in the next 2 election cycles 9/

One more thing to like about the idea of a Fourth Ku Klux Klan Act, authorizing DOJ to bring civil actions to DQ candidates/officeholders who engaged in insurrection/rebellion, is that it appropriately connects the 1/6/2021 mob w/their white supremacist predecessors 10/10