The point is that they'll simply invent one. Again, if Trump doesn't get a heart attack or something before then. I imagine that even if he were even more of a doddering husk, JD Vance for one would definitely want Trump to
begin a third term so that young Vance could then have a credible shot at nine or ten terms; same for anyone else waiting in the wings fancying themselves eventually sitting in Trump's big chair.
It is if he orders ICE or military agents to do it under even the flimsiest pretext of 'national security.' The ruling was very clear that as long as the broad
type of interaction falls under his official duties, its legality or even relevance doesn't make the slightest difference to his immunity. The specific allegations in the case were that Trump
knowingly conspired to overturn an election with various folk such as his Attorney General, with
SCOTUS holding that he could not be prosecuted to even determine the truth of the accusations let alone the legality of his actions, since interactions with his AG under some pretext were part of his official duties. From the Syllabus:
"
In dividing official from unofficial conduct, courts may not inquire into the President’s motives. . . . Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law. . . .
The indictment alleges that as part of their conspiracy to overturn the legitimate results of the 2020 presidential election, Trump and his co-conspirators attempted to leverage the Justice Department’s power and authority to convince certain States to replace their legitimate electors with Trump’s fraudulent slates of electors. . . .
The indictment’s allegations that the requested investigations were shams or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials. Because the President cannot be prosecuted for conduct within his exclusive constitutional authority, Trump is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials"
I'm sure there'd be a number of states which would contest it, which would eventually make their way to the Supreme Court which would rule...?