Let's not forget the complacency of this Congress. POTUS could not get away with this nonsense if Congress would do its job. The right has been working their way to this perfect scenario for decades with gerrymandering at the state level, Congress refusing to accept a SCOTUS nominee from POTUS holding out that the next POTUS would be their guy, and all of the other nonsense that has happened to get us to this spot.
It's amazing how much of America's political stability might rest not on the law, but rather on the self-restraint of each cohort's leadership.