The U.S. Supreme Court’s conservative justices appear wary of letting the U.S. Department of Justice use a federal obstruction statute passed after the Enron accounting scandal to prosecute hundreds of Jan. 6 defendants who breached the U.S. Capitol in 2021.

The justices voiced their skepticism during a hearing Tuesday in an appeal from a former Pennsylvania police officer who joined hundreds of other Trump supporters who entered the seat of Congress after Capitol police officers were overwhelmed by a violent mob trying to stop the certification of President Joe Biden’s victory.