Supreme Court Justice Amy Coney Barrett has weighed in on the constitutional viability of a potential third term for President Donald Trump, telling Fox News host Bret Baier that the 22nd Amendment’s two-term limit is clear and unambiguous.
When asked if the amendment was “cut and dry,” Barrett responded: “Well, you know, that’s what the amendment says, right? You know, after FDR had four terms, that’s what that amendment says.”
The exchange occurred during a Monday evening interview on Special Report, where Barrett was promoting her new book Listening to the Law while discussing constitutional interpretation.
Barrett’s comments come as Trump has repeatedly floated the possibility of seeking a third term, despite constitutional restrictions that legal experts widely agree would prohibit such a run.
Newsweek reached out to the White House via email on Monday for comment.
Why It Matters
Trump has escalated his rhetoric about a potential third term since the onset of his second one in January.
While he told CNBC’s Squawk Box last month that he would “probably not” seek a third term, he has repeatedly suggested there are “methods” to accomplish it and has claimed he’s “not joking” about the possibility.
Barrett’s clear statement on the 22nd Amendment carries significant weight given her position on the Supreme Court, which would likely be asked to rule on any attempt to circumvent the two-term limit.
Baier: The 22nd amendment says you can only run for office for two terms.Barrett: True.Baier: You think that’s cut and dry?Barrett: Well, you know, that’s what the amendment says. pic.twitter.com/O4i6kqwjTM
— Acyn (@Acyn) September 8, 2025
What To Know
The discussion arose as Baier questioned Barrett about constitutional interpretation and those who advocate for a “living, breathing Constitution that changes.” Barrett explained her originalist philosophy, saying “the genius of our Constitution” lies in its varying levels of specificity.
“Sometimes it’s very specific. The president has to be at least 35 years old,” she said. “But sometimes it’s very general. We’re protected from unreasonable searches and seizures. We have freedom of speech. And to have freedom of speech doesn’t mean that you have only to pass out pamphlets in a town square. I mean, it means you have freedom to be on broadcast news.”
When Baier pivoted to the 22nd Amendment, saying, “And the 22nd Amendment says you can only run for office for two terms,” Barrett simply responded: “True.”
The 22nd Amendment, ratified in 1951, explicitly states: “No person shall be elected to the office of the President more than twice.” This amendment was adopted following Franklin D. Roosevelt’s unprecedented four terms in office, establishing a formal limit on presidential tenure that had previously been only a tradition dating all the way back to America’s first president, George Washington.
In March, Trump told NBC News that “a lot of people would like me to do that,” regarding a third term, adding, “There are methods which you could do it, as you know.” He reiterated these sentiments in subsequent interviews, though he has also occasionally denied interest in pursuing such a path.
Some Trump allies, like podcast host Steve Bannon, adviser during Trump’s first term, have suggested unconventional workarounds. One theory involves Trump running as vice president on a ticket where the presidential nominee would then step aside after winning, allowing Trump to assume the presidency. Legal experts, however, broadly agree this would violate both the letter and spirit of the Constitution.
What People Are Saying
Barrett, on constitutional interpretation: “The genius of our Constitution—and I talk about this in the book when I describe originalism, I describe our written Constitution—is that it’s written at varying levels of generality.”
Bannon, to NewsNation in March: “I’m a firm believer that President Trump will run and win again in 2028, so I’ve already endorsed President Trump. A man like this comes along once every century, if we’re lucky. We’ve got him now.”
Former federal prosecutor Neama Rahmani previously told Newsweek: “Aside from the potential vice president loophole, there is no legal path for Trump to run for a third term. Politically, he doesn’t have the votes to repeal the 22nd Amendment, either in Congress or the states.”
What Happens Next?
Barrett’s comments suggest the Supreme Court would likely reject any attempt to circumvent the 22nd Amendment, though she was careful not to prejudge any specific case that might come before the nation’s High Court.
Trump has not formally announced a campaign for a third term, and any such effort would face immediate legal challenges.
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