Law professor and ABC News contributor Kim Wehle suggested Monday that President Donald Trump could feasibly run for a third term, despite constitutional limitations.
Trump told NBC News on Sunday that he was “not joking” about potentially running for a third term. Wehle, an ABC News legal contributor and University of Baltimore law professor, claimed there is no way to stop Trump if Republicans back the effort and the Supreme Court doesn’t intervene.
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“At the end of the day, this doesn’t really hinge on what the Constitution says. It’s more on, you know, if the Republican Party decides to put him on the ballot at a state-by-state basis, who’s going to stop that process?” Wehle said. “There’s no mechanism if Donald Trump is willing to push the boundaries of the Constitution, the Republican Party doesn’t come in and stop him, I think … this is feasible. This could actually happen.”
Seeking a third term is barred by the 22nd Amendment of the Constitution.
“No person shall be elected to the office of the President more than twice,” the amendment states.
“If he got on the ballot, I don’t know that the Supreme Court would kick him off. We saw this in the last election. I believe Section 3 of the 14th Amendment made him ineligible because of January 2021 and the insurrection,” she added. “But the Supreme Court said, you know, we’re not going to stop the Republican Party from choosing who they want to be at the top of the ticket. So with lots of things that are happening with Donald Trump, the question is who is going to stand in the way of what sounds like an extraconstitutional agenda here?”
The Colorado Supreme Court ruled 4-3 in December 2023 that Trump could not be on the state’s presidential ballot under Section 3 of the 14th Amendment, but he appealed the ruling to the Supreme Court. The Supreme Court ruled in March 2024 that Trump could not be eliminated from the state’s ballot.
“Because the Constitution makes Congress, rather than the States, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse,” the court’s ruling stated.
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