Supreme Court Justice Sonia Sotomayor sparked controversy during an appearance on The View after remarking that the 22nd Amendment’s ban on a president serving more than two terms has “never been tested” in court. Co-host Sunny Hostin admitted she was “scared” by Sotomayor’s response, raising concerns among liberals about the possibility of President Donald Trump seeking a third term.
The exchange began when Hostin asked Sotomayor whether Trump could run again after a second term in office. Sotomayor confirmed that the 22nd Amendment clearly bars any president from serving more than two terms, but she noted that the restriction has not faced a legal challenge. The justice explained that while the constitutional language is straightforward, no court has ever had to enforce or interpret the provision in a case.
Hostin later said she was unsettled by the idea that such a fundamental safeguard had never been tested. She stressed her belief that the Constitution should stand as the highest law of the land, and suggested that any ambiguity about enforcement raised red flags. Her reaction reflected widespread unease among progressives who fear Trump could challenge established norms.
The 22nd Amendment, ratified in 1951 after President Franklin D. Roosevelt’s four election victories, was designed to prevent any one leader from holding the presidency indefinitely. It states in plain terms that “no person shall be elected to the office of the President more than twice.” Legal experts broadly agree the amendment is binding and enforceable, with little room for reinterpretation.
President Trump has occasionally joked about serving beyond two terms, drawing outrage from critics who take the remarks literally. Supporters point out that the amendment makes such a move impossible. Still, Sotomayor’s comments underscored that the courts have never been asked to rule directly on the amendment, leaving open a theoretical question that alarmed liberal commentators.