In a Dec. 15 letter to the justice, Democrats cited involvement by Thomas' wife, Virginia "Ginni" Thomas, in alleged efforts to overturn the 2020 presidential election and the top court's recent ethics code of conduct.
“We strongly implore you to exercise your discretion and recuse yourself from this and any other decisions in the case of United States v. Trump,"
The ethics code states that
"a Justice should disqualify himself or herself in a proceeding in which the Justice’s impartiality might reasonably be questioned,"
including instances in which a justice knows their spouse has "an interest that could be substantially affected" by the decision or could be a material witness.