From what I read earlier, they are basing this on Ford pardoned Nixon with no charges.
However, I also read that for someone to accept a pardon they also accept they were guilty, even though Biden stated that the pardon should not imply guilt. Of course, he also decreed on the way out the door that ERA should be considered passed. No Constitutional process required.
He also didn't say if that placed transfemales over cis-females, so who knows.
Yes, I am hoping we see some analysis from legal scholars on this. It seems common sense that there be limitations on the power to pardon.
From what I read earlier, they are basing this on Ford pardoned Nixon with no charges.
However, I also read that for someone to accept a pardon they also accept they were guilty, even though Biden stated that the pardon should not imply guilt. Of course, he also decreed on the way out the door that ERA should be considered passed. No Constitutional process required.
He also didn't say if that placed transfemales over cis-females, so who knows.