Keep in mind, too, that his colleagues on the court’s conservative majority couldn’t “save” Thomas if Democrats managed to pass impeachment articles. The question of what behavior justifies impeachment and removal of a Supreme Court justice must be resolved — if anywhere — in Congress alone. The meaning of “good Behaviour” or “high Crimes and Misdemeanors” when it comes to the justices’ own obligations would doubtlessly be deemed a “political question” that’s non-justiciable, i.e., too close to home.

At a minimum, Thomas’ apparent involvement in the subject matter of the Jan. 6 committee’s work must be fully investigated by the legislative branch. The committee has already signaled a plan to question Ginni Thomas, and could seek her husband’s testimony, as well. The Senate Judiciary Committee just held confirmation hearings on the nomination of Judge Ketanji Brown Jackson to fill Justice Stephen Breyer’s seat. It, too, could take up the task of ascertaining whether a sitting Supreme Court justice compromised his solemn vow to uphold the Constitution in connection with the peaceful and legal transfer of presidential power on Jan. 6, 2021. A decision in either body to undertake a formal investigation would not require a supermajority vote, mind you — just political courage around what is perhaps the most solemn task ever to face the U.S. Congress: protection of the American system of government itself.