Comment on Joe Biden pardons son Hunter in final weeks in office
FireTower@lemmy.world 2 weeks agoThe Supreme Court isn’t going to do that. Art. 2 Sec. 2 and the 5A’s double jeopardy clauses are quite clear on the matter.
They’d sooner overrule Wickard v. Filburn than do that.
I doubt double jeopardy applies, because that would mean they’d charge and prosecute him again. Reversing a pardon has nothing to do with prosecution.
Also there is nothing in the constitution that states a pardon is final. Only the Supreme Court has said that, and we all know that a later Supreme Court can (and has) overrule a previous Supreme Court decision.
And Wickard v. Filburn is a red herring.
“nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;”
The double jeopardy clause doesn’t limit itself to only prohibiting second prosecutions. Once a case has been prosecuted to conclusion the defendant may not be made subject to the punishment again. A pardon terminating a punishment, would forestall recision as that would be once again subjecting the defendant for the same offensive.
Delphia@lemmy.world 2 weeks ago
They wont do it because it would set precident for if the dems ever do get back into power to do it right back to them.