Critics say Ginni Thomas’s activism is a Supreme Court conflict. Under court rules, only her husband can decide if that’s true.

"It doesn't get more partisan than sending a letter to the Republican caucus" criticizing the Jan. 6 committee, said Rep. Hank Johnson (D-Ga.), author of several bills that would require an independent review to determine when Supreme Court justices should recuse. He said in an interview that Clarence Thomas's conflicts with his wife's work make him "the poster child" for passing the ethics legislation.

However, some scholars said Clarence Thomas had no reason to recuse in cases such as the Jan. 6 decision. Louis J. Virelli III, the author of "Disqualifying the High Court: Supreme Court Recusal and the Constitution," said in an interview that a spouse's ideological position alone is no reason for a justice to recuse.