Supreme Court Justice John G. Roberts Jr. insists on going to the state of union speech. But he doesn't enjoy it.
He was there again on Tuesday, but both were appointed by President Trump, accompanied by Judge Brett M. Kavanaugh and Amy Connie Barrett. Judge Elena Kagan appointed by President Barack Obama. Judge Anthony M. Kennedy, Reagan's appointee who retired in 2018.
Admitted by President George W. Bush, Secretary Roberts added in 2010, “I don't know why we're there,” said Roberts: “We don't know why we're there.”
However, the other members of the court have stopped moving forward a long time, but the Supreme Court justice continues to be present. Judge Clarence Thomas says he can't protect “catcoles, whooping cough, screaming and breathing comments,” but hasn't done it in more than a decade.
Judge Samuel A. Alito Jr. called the speech “a very political event” and “a very troublesome” and added, “We have to sit like proverb potted plants most of the time.”
He spoke a few days ago in 2010 in response to President Obama's criticism of the Citizens United Campaign Finance decision. He said, “It's not true.” He hasn't returned since.
Scholars found that the likelihood of attendance decreases with age and duration of service.
Early attendance of justice may be partially explained by loyalty and gratitude. As Justice Antonin Scalia once said, it's easy to stay at home when “the president gives you the state of union when it's not the person who appointed you.”
The judge says attendees can be stressful, as they must make carefully coordinated choices that are largely uncontroversial enough to guarantee applause.
That's difficult, said Justice Alito. They said, “Isn't this the greatest country in the world?”
“So you get up and start applauding,” he said, “and the president must immediately stop, saying, 'Because we're surged in Iraq' or 'Because we're trying to enact health care reform.' ”
That wasn't always the case. In 1964, President Lyndon B. Johnson said, “Let's make this Congressional session known as a session that will be held for civil rights rather than the final 100 sessions combined.” Five members of the Supreme Court, including Secretary Earl Warren, praised him.
Recently, Secretary Roberts said in 2019 that the judiciary has to struggle to praise very occasionally. “It's not our job to express support for a particular policy initiative,” he said. “So we're sitting there like mannequins.”
He said there was not one judge. “The Co-Staff Chief of Staff is in the same position,” he said. “They sit there like mannequins in better clothes.”
