In short:
Outgoing US President Joe Biden has pardoned his son Hunter Biden, saying “raw politics … led to a miscarriage of justice”.
Hunter Biden was convicted of gun charges and tax evasion and was facing sentencing hearings scheduled for mid-December.
Joe Biden said he made the decision over the weekend while spending the Thanksgiving holiday with his family.
The 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.
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.