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3 Supreme Court Justices Pass On State of the Union - Speech ‘Way Too Partisan’

March 1, 2017

U.S. Supreme Court Justice Ruth Bader Ginsburg didn't attend President Donald Trump’s first speech to Congress. Trump called on Ginsburg to resign after she called Trump a “faker” during his campaign. Ginsburg, a 1993 appointee of Democrat Bill Clinton, also skipped Republican President George W. Bush’s speeches - though she attended all 8 of Obama’s. That probably worked out for the best because her attendance Tuesday night could have created an awkward moment. 

 

 

Justices Clarence Thomas and Samuel Alito also didn't attend, continuing their past practice.

 

  • Alito hasn’t gone to a speech since 2010, the year Obama criticized the justices’ just-issued Citizens United campaign-finance ruling. Obama accused the court of ignoring a century of precedent, a claim that prompted Alito to shake his head and mouth "not true" as Democratic lawmakers directly behind the justices rose to cheer.
  • Thomas has gone sporadically over the years and hasn’t attended since Obama’s first speech in 2009. He said in 2010 the event had become so partisan that "it’s very uncomfortable for a judge to sit there."

 

Chief Justice John Roberts will join Justices Anthony Kennedy, Stephen Breyer, Sonia Sotomayor and Elena Kagan in attendance, court spokeswoman Kathy Arberg confirmed. All are regulars at the annual event.

 

However, Roberts did liken the presidential addresses to a “political pep rally” and questioned whether justices should continue to attend. Even so, the chief justice hasn’t missed a speech.