Conservative Supreme Court justices on Tuesday questioned the Justice Department’s use of a 2002 statute against obstructing an official proceeding to prosecute a number of people involved in the January 6 attack on Congress. In pressing Solicitor General Elizabeth Prelogar on how broadly the DOJ can apply the law, several justices offered similar hypotheticals. “Would a heckler in today’s audience qualify?” Justice Neil Gorsuch asked. “Why has no one been charged for disrupting the Supreme Court?” Justice Samuel Alito asked, referring to previous protests that briefly disrupted high court hearings related to the court’s 2022 Dobbs ruling overturning abortion rights.

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