The U.S. Supreme Court is weighing whether the Justice Department has improperly used a federal obstruction law to charge more than 350 people involved in the January 6 insurrection. Several justices appeared skeptical of the DOJ’s reasoning during oral arguments Tuesday. This is Justice Clarence Thomas.

Justice Clarence Thomas: “There have been many violent protests that have interfered with our proceedings. Has the government applied this provision to other protests in the past? And has this been the government’s position throughout the lifespan of the statute?”

Clarence Thomas has refused to recuse himself from cases related to the January 6 insurrection even though his wife Ginni Thomas attended Trump’s “Stop the Steal” rally on the Ellipse just before Trump supporters attacked the Capitol. The Supreme Court’s decision could also impact the prosecution of Donald Trump, who faces four counts under the law which was passed after the Enron scandal.