Texas Attorney General Ken Paxton told Newsmax Tuesday that challenging presidential pardons based on a president’s mental incapacity would be unprecedented and could ultimately be decided by the U.S. Supreme Court.

“If [President] Joe Biden were getting something from Santa this year, I think it might be a stocking full of coal for making this decision,” Paxton told “The Chris Salcedo Show.”

“Under Article 2, Section 2 of the Constitution, the president has the right to pardon and commute and do other … certain things, amnesty for certain groups. But there’s nothing addressed in the Constitution, as far as I know, or in any other federal law as to what happens if a president is serving, making decisions while he is not competent.”

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