Summary
Despite the 22nd Amendment barring a third term (“No person shall be elected to the office of the President more than twice”), Trump continues to suggest he could run again, raising the idea at a Black History Month event and with Republican governors.
Legal experts say the Constitution is clear that he cannot run, though some supporters, including Rep. Andy Ogles and Steve Bannon, are pushing for a constitutional amendment or a 2028 campaign.
Meanwhile, Trump has expanded executive authority in his second term, drawing criticism for undermining congressional checks.
One difference is that he, specifically, wasn’t convicted of insurrection by the time ballots were being printed up. That’s why the Supreme Court could plausibly say that there was no basis for states to remove him from the ballot.
The clause on term limits is clear. It’s automatic, and there’s no interesting basis to challenge that. The Supreme Court would have to massively overreach to make that work. Will they do that? Maybe, but it’s not the same situation.