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Jeremy Paul, a constitutional law professor at Boston's Northeastern University, told CBS New there were "no credible legal arguments" for a third term.

Justin Levitt, a constitutional law professor at Loyola Law School in Los Angeles, said the power of district court judges to make rulings that are binding on a national level has vexed Democrats and Republicans for decades.

Courts have been unwilling to allow local governments to restrict constitutionally protected speech during their meetings, said Erwin Chemerinsky, dean of the UC Berkeley School of Law and a constitutional law expert.

He is the Ernest F. Hollings Chair in Constitutional Law at the University of South Carolina and one of the country’s leading experts in education, law and public policy.

“The argument is either a crazy theory or dishonest interpretation of the Constitution,” Neuman said, adding that an executive order was also insufficient to augment constitutional law.