Clarence Thomas Faces Backlash Over Jan. 6 Case Comments: 'What a Disgrace'

Supreme Court Justice Clarence Thomas faced criticism on Tuesday over comments he made during a case focused on the January 6, 2021, riot at the Capitol.

"In oral argument today, Justice Thomas is minimizing the severity of the 1/6 insurrection at the Capitol. Perhaps that's because his wife was part of the conspiracy. What a disgrace that he's sitting on this case," lawyer and former CNN legal analyst Jeffrey Toobin wrote on X, formerly Twitter.

Thomas made comments on Tuesday as the Supreme Court heard arguments in a case relating to the Capitol riot following the 2020 presidential election with defendant, Joseph Fischer, arguing that the court should dismiss a charge against him of obstruction of an official proceeding.

At one point during the hearing, Justice Thomas asked a lawyer representing the Department of Justice if the federal government has ever charged any other individuals in the past with obstruction of an official proceeding.

Clarence Thomas
Supreme Court justice Clarence Thomas and his wife, Ginni Thomas, attend a memorial service for former Justice Sandra Day O'Connor in Washington, D.C., on December 19, 2023. On April 16, 2024, Thomas faced backlash over... MANDEL NGAN/AFP via Getty Images/Getty Images

"There have been many violent protests that have interfered with proceedings," Thomas said during the hearing. "Has the government applied this provision to other protests in the past?"

Following the question, a number of social media users spoke out over Thomas' question.

"Justice Thomas just suggested J6, legally, is no different than any other violent attempt to disrupt official proceedings," lawyer Mike Sacks wrote on X.

Elie Mystal, of The Nation wrote, "It's just ridiculous that Thomas is allowed to be on this case. Absolutely corrupt and ridiculous."

A number of other social media users referenced Thomas' wife, Virginia "Ginni" Thomas, as the justice has faced calls to step aside from January 6 cases after it was previously revealed that she had conversations with former White House Chief of Staff Mark Meadows in which she encouraged him to continue efforts to overturn the 2020 election results.

Ginni Thomas was also in attendance at a rally by former President Donald Trump in Washington, D.C., just ahead of the riot.

"It's totally inappropriate for Justice Thomas to be asking questions on this case. Totally! His wife is an actor in the #january6 riot! #SCOTUS," columnist Sophia A. Nelson wrote.

Democratic Vermont Rep. Becca Balint wrote, "Clarence Thomas must immediately recuse himself from this Supreme Court case. His wife, Ginny Thomas, pushed hard to overturn the results of the 2020 election. We have the receipts. 29 text messages with Mark Meadows."

X user Mark Jacob, a former editor at the Chicago Tribune, said "Clarence Thomas, spouse of a J6 co-conspirator, is participating in a J6 case. The Supreme Court is delegitimizing itself."

Robert Reich, a frequent Trump critic and the former U.S. Secretary of Labor under President Bill Clinton, said "Ginni Thomas was directly involved in efforts to overturn the 2020 election. Yet Clarence Thomas didn't recuse himself from arguments today in a case about the January 6 insurrection. How is this not a scandal of epic proportions?"

Newsweek reached out to the U.S. Supreme Court via email for comment.

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Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more

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