Conservative judges appear skeptical over DOJ stating Jan. 6 participant 'obstructed' proceeding

Conservative justices seem skeptical Tuesday about Justice Department arguments before the high court on the agency having used felony obstruction charges on over 300 people involved in the Jan. 6, 2021, Capitol riot. 

The case is titled Fischer v. United States. 

The plaintiff is Joseph Fischer who has been charged with "obstructing" an official proceeding – Congress' certification of the 2020 election results.  

Justice Clarence Thomas questioned the department attorney on whether the use of such charges have been applied in other protests, according to CNN.

"There have been many violent protests that have interfered with proceedings," Thomas reportedly said. "Has the government applied this provision to other protests in the past?"

Justice Brett Kavanaugh, another one of the conservative leaning justice on the nine-member bench, said Fischer was already facing six other charges in relation to the Jan. 6 riot and asked why those charges weren't good enough from the department's perspective.

Fischer is being accused of allegedly going into the capitol on Jan. 6 while Congress was trying to certify the 2020 election results. 

Fischer is a former Pennsylvania police officer.

Other justices such as Elena Kagan and Sonia Sotomayor, two of the court's more liberal-leaning justices, reportedly seem to think the law allows the DOJ to carry out obstruction charges due to the actions of Fischer.