The issue focused on Justice Peter Souter's filing with the Supreme Court about protecting constitutional rights by suing judges who refuse to uphold Obamacare. It wasn't clear whether Justice Souter would sue Justice Scalia or Attorney General Eric Holder for denying judicial rulings upholding federal laws against overturning medical marijuana legalization. (Congress already legalized marijuana and legalizing recreational marijuana last year.)

Sen. Barbara Mikulski of Maryland said Thursday she believes Justice Scalia could challenge Justice Gorsuch in court. She noted Justice Gorsuch may become an appellate justice because