If Toussie challenges the "unpardon" at the Supreme Court, the most useful outcome could be that applicants have to stop using the backdoor to request pardons.

While Title 28 of the federal regulations code spells out the process for pardons, the president himself is not bound by those rules. This has led to some interpretation that if an applicant can get access to the president and skirt that process, (s)he can still get a pardon. Rich and Toussie both went the backdoor route and avoided the procedures outlined in Title 28.

But can they? 28 C.F.R. §§ 1.1 states: A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute a formal petition. The petition shall be addressed to the President of the United States and shall be submitted to the Pardon Attorney, Department of Justice, Washington, DC 20530, except for petitions relating to military offenses.

The rule seems pretty straightforward. If you want a pardon, you will submit a petition to the Pardon Attorney (with the one expection relating to military offenses). It doesn't say, "You can either submit a petition to the Pardon Attorney or use clout and contacts if you have them to reach the president directly." Only a choice few people seeking pardons would have the clout and contacts to be able to do that.

While the president may not be bound by the rule, it does seem to obligate the applicant. I would hope that if Toussie does take his unpardon to the Supreme Court, they would tell him that his application was invalid because he did not follow the rules of procedure when submitting his petition in the first place. Otherwise, the loophole will allow those with direct access an unfair advantage, and one that I doubt the Founding Fathers ever intended.