On April 3, 2025, I had the opportunity to appear on The Daily Signal Video Podcast, hosted by Virginia Allen. The discussion was divided into two main segments. The first part of the show focused on the controversial topic of whether former President Donald Trump could legally serve a third term. This was sparked by Trump’s own statements indicating that he hasn’t dismissed the possibility. The latter two-thirds of the podcast delved into the ongoing efforts of the Trump administration to dismantle Diversity, Equity, and Inclusion (DEI) initiatives in educational institutions, particularly through our initiative known as the Equal Protection Project (EqualProtect.org).

During my appearance, I provided my legal insights regarding Trump's potential for a third term, which were encapsulated in a clip posted by The Daily Signal on X and their official website. My discussion revolved around both the implications of Trump's statements and the mission of the Equal Protection Project, which is rooted in ensuring that universities adhere to the Constitution's equal protection clauses.

The debate over term limits in the presidency is underscored by the 22nd Amendment, which was ratified in 1951. This amendment was a direct response to President Franklin D. Roosevelt's unprecedented four-term presidency between 1932 and 1944. After Congress approved the amendment on March 21, 1947, it was ratified by the required number of states by February 27, 1951, thus formally limiting presidents to two terms in office.

This is not the first time the notion of a former two-term president seeking additional terms has emerged. In October 2023, Howard J. Klein from Lakewood Ranch, Florida, suggested in a letter to the editor of The Wall Street Journal that former President Barack Obama could run as a vice-presidential candidate alongside incumbent President Joe Biden.

While speaking to reporters aboard Air Force One at the end of March, Trump remarked, “I’m not looking at that, but I’ll tell you, I have had more people asking me to have a third term.” This raises significant questions about the constitutional framework surrounding presidential terms. According to legal expert Jacobson, the intent of the 22nd Amendment was to prevent the establishment of a permanent presidency, indicating that while a third term for Trump may face legal challenges, the Constitution does not explicitly bar it.

Jacobson elaborated on a hypothetical scenario where if Trump were to run as a vice-presidential candidate and the presidential candidate won the election, the presidential winner could step aside, allowing Trump to assume the presidency. However, Jacobson was quick to clarify that he does not support this maneuver.

While the 22nd Amendment states that no individual can be elected to the presidency more than twice, the legal pathways and political realities of such a situation remain complex and potentially contentious.

In the latter part of the podcast, Virginia Allen turned the conversation toward DEI initiatives, a subject I discussed with considerable passion. The Equal Protection Project, launched in February 2023, predates Trump’s executive orders and aims to address issues of discriminatory practices in higher education. We have filed complaints against over 70 colleges and universities for programs and scholarships that we believe violate civil rights laws by discriminating based on race, color, national origin, or sex. One notable case involved Pennsylvania College of Technology, affiliated with Penn State, which offers several scholarships that have been challenged for their discriminatory eligibility criteria.

Our approach is not to attack DEI initiatives outright but rather to challenge specific programs that we believe contravene civil rights protections outlined in federal law. We argue that such discriminatory practices infringe upon the guarantees provided by Title VI and Title IX of the Civil Rights Act and the Equal Protection Clause of the 14th Amendment, particularly in public institutions.

Throughout our campaign, we have challenged over 200 programs across various institutions, achieving notable success in altering eligibility criteria. Our goal is to make educational opportunities more inclusive, rather than to eliminate them altogether. However, there is a growing concern that while some colleges may be making adjustments due to the potential loss of federal funding, the underlying ideology of DEI is resilient and may adapt to survive ongoing legislative and executive scrutiny.

In discussing the landscape of scholarships and the legal implications surrounding them, I emphasized that civil rights laws are designed to protect all individuals—not just specific groups—ensuring that anyone can access educational funding without discriminatory barriers. This presents a significant challenge as we navigate the complex intersection of educational policy, civil rights law, and social justice.

As we continue to scrutinize DEI initiatives, one of the most pressing questions remains whether conservatives are gaining ground both legally and in public perception regarding these issues. While some victories have been noted, the entrenched nature of DEI in certain educational contexts suggests that change will require sustained effort and may encounter significant pushback from institutions resistant to reform.

One of the more recent developments includes Trump’s announcement to disband the Department of Education, which has played a pivotal role in financing DEI programming. The potential dismantling of this department could significantly impact the trajectory of DEI initiatives in higher education, influencing both funding and the mandates for educational content.

Despite the challenges, the Equal Protection Project continues to advocate for accountability and transparency in educational institutions, highlighting the importance of public involvement in civil rights enforcement. As we look ahead, it is clear that the struggle against discriminatory practices in education is far from over, and the outcomes will likely shape the landscape of higher education for years to come.