The two longest serving Associate Justices of the Supreme Court of the United States (SCOTUS), Clarence Thomas and Samuel Alito, should be prevented by their seven colleagues from participating in Trump Jan. 6, 2021, related cases.
The federal recusal statute (28 USC 455) must be used to disqualify the two justices. SCOTUS has applied that law to disqualify state supreme court justices twice in the last 20 years. Although the law was specifically written to apply to the federal courts, it was applied to the states through constitutional due process provisions.
What are the facts? Ginni Thomas, Justice Thomas’s wife, was aggressively involved in the attempt to deny the transfer of power from Trump to Biden. She telephoned, texted, and conspired to keep Trump in office. She also attended the Jan. 6, 2021, rally. There are cases before SCOTUS that involve issues related to Jan. 6, 2021.