Overview

• In a Fox News interview, Justice Amy Coney Barrett responded "true" when told the 22nd Amendment allows only two presidential elections and said, "that's what the amendment says."
• On ABC's The View, Justice Sonia Sotomayor said the Constitution is settled law but noted the third‑term question has never been litigated, calling it not settled in the absence of a court case.
• The 22nd Amendment, ratified after Franklin D. Roosevelt’s four elections, states that no person shall be elected president more than twice.
• President Trump has floated a third term and hinted at "methods" to do it, while allies have touted ideas from a vice‑presidential succession scheme to a constitutional amendment and "Trump 2028" merchandise.
• Scholars broadly say proposed workarounds would violate the Constitution, and a recent appellate opinion by Judge Allison Eid declined to opine on the issue, underscoring that it remains untested and would prompt swift litigation.