[twright]

On paper he can't do a lot of things but the amount of gutting and cutting that's happened in the last two(!) months makes one realize the laws aren't worth the paper they're written on without a proactive congress interested in keeping the executive in check. Suspending birthright citizenship as established in the 14th amendment is a big one that "he can't do." Challenges to E.O. 14160 are going through the courts right now so we'll see.

Legally speaking, I think an outright challenge to the 22nd amendment will be interesting. As a 20th century amendment the language is pretty clear. But once again we look to what would actually enforce it?

[winter_blue]

The scotus would need to strike down the 22nd amendment. Even with as horribly morally bankrupt of a scotus as we have now, I don’t think they’d sink to the low of striking down the 22nd.

[outer_web]

I don't believe scotus can invalidate an amendment. The best they can do is interpret it in a way that allows a third term.

[smw]

He was already ineligible this election based on the 14th amendment, but SCOTUS bailed him out.

[cmurf]

They could pull a Trump v. Anderson, and say neither courts nor states can't keep him off the ballot - only the people, the College, or the Congress can stop it.

[nickpeterson]

I don’t have a ton of faith in scotus right now, but I think they understand their only power is in whether people consider them independent. Allowing a third term for Trump would be accepting that they’re basically in charge of parking tickets.

[chongli]

Thankfully elections in the US are not run by the federal government, they're run separately in every state. Trump may be able to illegally get on the ballot in some states with the support of friendly state governments but he definitely won't get on all of them.

Even seemingly-friendly southern states may have state governments that will take a dim view of Trump attempting to get on the ballot. Kentucky, for example, has a Democrat as governor who is very popular. Kentucky has also had its bourbon industry devastated by Trump's senseless trade war. I would be shocked if Trump managed to illegally get on the ballot in Kentucky in 2028.

[smw]

SCOTUS didn't allow Colorado to remove him from the ballot this time, what makes you think they won't do the same next time?