Rep. Dan Goldman (D-N.Y.), who in his role as a lawyer assisted with the first impeachment by the House of then-President Donald Trump and is now a member of that legislative body and on its Oversight Committee, is speaking out.

“This week, SCOTUS decides two cases about Trump’s effort to overturn the 2020 election. Justices Thomas and Alito are required by federal law, the Constitution, and Court precedent to recuse. If they don’t recuse, it will cement SCOTUS as a lawless, partisan wing of the GOP,” he said early Monday on X, formerly known as Twitter.

It’s unclear that either will recuse from the anticipated decisions.

A key case that Goldman was apparently expecting to be decided this week is the dispute over Trump’s claims of immunity amid his federal criminal charges accusing him of conspiring against the 2020 presidential election outcome, meaning Joe Biden’s victory. Trump is claiming absolute or nearly absolute (depending on the explanation) immunity for actions taken as part of his official work as president, and that’s where he groups what he was doing after the last presidential race in effectively challenging its outcome.

Rather than a criminal act that threatened to subvert democracy, he says — publicly, at least — that it served the interests of the American people in targeting supposedly systematic election fraud, though the overwhelming cascade of evidence says that such fraud, though claimed vociferously, wasn’t actually seen in the 2020 election. Trump even still sticks to the claims, though, as do at least some around him, while the criminal charges grow. One of the most recent related cases came in Arizona, where a slew of high-profile figures like Rudy Giuliani were charged over a slate of sham, pro-Trump electoral votes assembled there in 2020 despite Biden winning the state (and others targeted).