It would be a severe test of the 22nd Amendment, but given the make-up of the Supreme Court...
Thomas and Kavenaugh are almost certainly compromised, and Coney Barret is also suspect. And as for Chief Justice Roberts, he seems to be very pro MAGA these days.
Don't discount it ever happening.
Are you saying SCOTUS will rule it unconstitutional? I only ask because I’m frankly surprised it was EVER ruled Constitutional, given the House and Senate have no term limits.
Term limits for the President of the United States were introduced primarily in response to Franklin D. Roosevelt’s unprecedented four terms in office. Roosevelt broke the
informal two-term precedent set by George Washington, which had been respected by all previous presidents.
FDR’s decision to run for a third term in 1940, and a fourth in 1944, was largely due to the extraordinary circumstances of World War II.
After Roosevelt’s death in 1945, there was a strong push to formalize the two-term limit to prevent what some called “abuses of power” (not adhering to George Washington’s informal precedent!) and ensure rotation in office. The 22nd Amendment, ratified in 1951, officially established the two-term limit.
Accordingly, having never been challenged before, it would be SCOTUS’ first crack at the Amendment, but AS AN AMENDMENT, it is now an enshrined part of the Constitution and, as such, SHOULD need to be overturned by the mechanism set forth for that specific purpose…unless someone can find a flaw in the process that created the 22nd Amendment in the first place.
In short, the only argument I can see that allows SCOTUS to overturn 22A would be that it unconstitutional when enacted, but never challenged as such.
Welcome to the Upside Down!
And, here’s hoping nature will take its course sooner rather than later!!!