Judge Clarence Thomas faces criticism for questioning the law used in the prosecution of Jan. 6 rioters, which has renewed demands for his resignation over his wife’s role in the insurrection

During recent oral arguments, U.S. Supreme Court Justice Clarence Thomas raised questions on legal proceedings against the Jan. 6 Capitol rioters, resulting in a backlash against a conservative judiciary accused of downplaying the seriousness of the insurrection that led to the riot, with a whole lot of rioters facing criminal charges.

According to a CNN report, the Supreme Court’s conservative majority suggested on Tuesday that it could find unconstitutional the use of the crime of obstruction of official prosecution brought by prosecutors against greater than 350 of the greater than 1,300 people wanted for crimes involved in the riot at the US Capitol on January 6, 2021. The decision could force the Justice Department to reconsider some cases.

Supreme Court justices heard arguments in the case of former Pennsylvania police officer Joseph Fischer, whose attorney told the high court that prosecutors, using a law passed in response to the destruction of documents in the 2002 Enron corporate fraud case, “overstepped by charging his client with what critics previously called an anti-destruction law,” CNN reports.

Several people have been accused of trying to overturn President Joe Biden’s victory in the 2020 presidential election. Thomas was not present at the hearings on Monday, and the court declined to provide a reason for his absence. However, he returned on Tuesday.

Thomas has refused to recuse himself from the Capitol riot cases, despite his wife Ginni Thomas’s involvement in the events surrounding January 6. He faced criticism for his comments during oral arguments, with some suggesting that his viewpoint may have been influenced by his wife’s involvement in the uprising.

Despite calls for exclusion, Thomas ignored the requests and asked several questions questioning the case.

“There were a number of violent protests that disrupted the proceedings,” Thomas questioned Attorney General Elizabeth Prelogar on Tuesday, as he stated rposted by CNN. “Has the government applied this provision to other protests in the past?”

Prelogar acknowledged that the Justice Department had enforced the law more broadly than in tampering with evidence, but acknowledged that it had not previously been used in a “situation where people were violently storming” a building. She attributed this to the unique nature of the attack on the Capitol. “I am not aware,” she said, “that such a circumstance occurred before January 6.”

Many people took to social media to express their concerns following Thomas’ comments on the matter. “Judge Thomas just suggested that J6 is legally no different than any other violent attempt to disrupt an official proceeding,” attorney Mike Sacks wrote in X.

“It is completely inappropriate for Judge Thomas to ask questions on this matter. Entirely! His wife is an actress during the #January6 riots! #SCOTUS,” wrote columnist Sophia A. Nelson, according to Newsweek.

Vermont Democratic Republican Becca Balint said on social media that “Clarence Thomas must withdraw from the Supreme Court case immediately. His wife, Ginny Thomas, strongly pushed for the 2020 election results to be overturned. We have bills. 29 texts with Mark Meadows.

Meanwhile, Thomas’ wife allegedly used her influence to shore up conservative support for Trump’s baseless allegations in the weeks after the disputed election.

She reportedly sent text messages to Mark Meadows, Trump’s then-chief of staff, expressing her support for efforts to overturn the election results and keep Trump in power, thereby challenging established norms of a peaceful transfer of power. She was also present at the infamous “Stop the Steal” rally just before a violent mob broke into the Capitol.

The case comes as more than half of Americans believe Thomas should retire vote– the Miami Herald reported. The poll also included the other two most senior members of the Supreme Court, Samuel Alito and Sonia Sotomayor. In an April 17 poll by The Economist/YouGov, 53 percent of respondents said Thomas should resign and 26 percent believed he should remain on the bench. 1,574 respondents participated in the survey between April 14 and 16.