There is debate within the committee investigating the assault on the Capitol over whether to seek testimony from the wife of Justice Clarence Thomas about her efforts to overturn the 2020 election.
The nature of the text messages was enough to require recusal, legal experts said. But the Supreme Court has traditionally left such decisions to the discretion of the justice in question.
Justice Thomas, who was hospitalized on Friday, was being treated with intravenous antibiotics and was expected to be released in a day or two, the court said on Sunday.