Justices Amy Coney Barrett, Sonia Sotomayor Weigh In on Presidential 3rd-Term Talk

Trump has suggested in interviews and speeches that he could run for a third term.

(L–R) Associate Justices Amy Coney Barrett, Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan pose at a courtesy visit in the Justices Conference Room prior to the investiture ceremony for Jackson as an associate justice, in Washington on Sept. 30, 2022. Collection of the Supreme Court of the United States via Getty Images

Supreme Court Justices Amy Coney Barrett and Sonia Sotomayor were recently asked in interviews this week whether a president who has already served two terms could be elected for a third one.

President Donald Trump has suggested in interviews and speeches that he could run for a third term, although the president in May stated that it’s “not something I’m looking to do.”

Responding to a statement by Fox News’ Bret Baier on the evening of Sept. 8 that “the 22nd Amendment says you can only run for office for two terms,” Barrett replied, “True.”

When Baier asked her whether she thought the issue was clear, the justice said: “Well, ... that’s what the amendment says, right? After [President Franklin Roosevelt] had four terms, that’s what that amendment says.”

Roosevelt was elected four times in a row, although he died in office during his final term. The Constitution’s 22nd Amendment, ratified in 1951, placed the two-term limit on future presidents.

The amendment states, “No person shall be elected to the office of the President more than twice.”

During an interview with ABC’s “The View” this week, Justice Sonia Sotomayor was asked whether she thought the 22nd Amendment could be challenged. She noted that no one has ever challenged the amendment regarding trying to serve a third term as president.

“No one has tried to challenge that. Until somebody tries, you don’t know. So, it’s not settled because we don’t have a court case about that issue, but it is in the Constitution,” she told the panel. “And one should understand that there’s nothing that’s the greater law in the United States than the Constitution of the United States.”

Since his election victory last year, Trump has teased the idea of running for another term. His company website is currently selling “Trump 2028” caps. However, the president has noted on several occasions that it would be a difficult thing to achieve.

In an April interview, Trump told The Atlantic that running again is “not something that I’m looking to do. And I think it would be a very hard thing to do.” Weeks later, the president said he is ruling out running again, and he named Vice President JD Vance and Secretary of State Marco Rubio as possible successors.

“There are many people selling the ‘2028’ hat, but this is not something I’m looking to do,” he said in a “Meet the Press” interview in May, referring to the selling of “Trump 2028” merchandise. “I’m looking to have four great years, and turn it over to somebody, ideally a great Republican, a great Republican to carry it forward.”

Running for a third term, he said, is “something that, to the best of my knowledge, you’re not allowed to do. I don’t know if that’s constitutional that they’re not allowing you to do it or anything else.”

“I don’t want to get involved in that, I think [Vance] is a fantastic, brilliant guy,” Trump later told the outlet, adding that “Marco [Rubio] is great; there’s a lot of them that are great.”

The comments came months after he told NBC News that “a lot of people want me to do it,” referring to his allies. “But, I mean, I basically tell them we have a long way to go, you know; it’s very early in the administration,” the president said.

And when he was asked whether he would like another term, Trump replied, “I like working.”

“I’m not joking,” Trump also said. “But I’m not—it is far too early to think about it.”

In January, Rep. Andy Ogles (R-Tenn.) introduced a House resolution in a bid to amend the Constitution and allow Trump to be elected a third time.