Supreme Court Justice Amy Coney Barrett gave a vague response this week when asked whether President Donald Trump could legally run for a third term. The question came during an interview on Fox News’ “Special Report” with anchor Bret Baier, who pressed Barrett on the constitutional limits of presidential terms.
Baier referenced the 22nd Amendment, which clearly states that no person shall be elected to the office of the President more than twice. Barrett agreed with Baier’s reading of the amendment, saying, “True,” when asked if it limits a president to two terms. However, when Baier asked if the rule was “cut and dry,” Barrett responded, “You know, that’s what the amendment says,” and added, “After FDR had four terms, that’s what that amendment says.”
Baier: The 22nd amendment says you can only run for office for two terms.
— Acyn (@Acyn) September 8, 2025
Barrett: True.
Baier: You think that’s cut and dry?
Barrett: Well, you know, that’s what the amendment says. pic.twitter.com/O4i6kqwjTM
Her answer did not directly confirm or deny whether Trump could seek a third term, leaving some viewers uncertain about her interpretation. The 22nd Amendment was ratified in 1951, following Franklin D. Roosevelt’s four-term presidency, and has since limited presidents to two elected terms.
California Governor Gavin Newsom responded to Barrett’s comments on social media, writing, “The answer is: YES,” suggesting that Trump cannot legally run again. Newsom has recently increased his criticism of Trump, especially as the 2026 election cycle begins to take shape.
President Trump has often joked about running for a third term. Reports from last year suggest he told House Republicans that he would not run again “unless you do something.” Despite these remarks, Trump acknowledged in a CNBC interview last month that he would “probably not” pursue a third term, although he said he would like to.
Trump has also discussed potential successors. He mentioned Vice President JD Vance as someone who could carry on his political legacy. In a conversation with Fox News’ Peter Doocy, Trump said Vance would “most likely” follow in his footsteps. He also named Secretary of State Marco Rubio as another possible candidate, suggesting that Rubio and Vance might work together in some form.
The Constitution’s language remains clear. The 22nd Amendment reads: “No person shall be elected to the office of the President more than twice.” It also adds that anyone who has served more than two years of another president’s term may only be elected once.
While Trump’s comments and Barrett’s response have stirred public interest, legal experts generally agree that the Constitution does not allow a third term. Still, the topic continues to generate debate, especially as political figures and media outlets weigh in.
As of now, Trump has not officially announced any plans to challenge the two-term limit. The discussion remains speculative, but it highlights ongoing questions about constitutional interpretation and the future of presidential elections in the United States.