Chief Justice John G. Roberts Jr. makes a point of going to the State of the Union address. But he does not enjoy it, once calling it “a political pep rally.”
He was there again on Tuesday, accompanied by Justices Brett M. Kavanaugh and Amy Coney Barrett, both appointed by President Trump; Justice Elena Kagan, appointed by President Barack Obama; and Justice Anthony M. Kennedy, a Reagan appointee who retired in 2018.
“I’m not sure why we are there,” Chief Justice Roberts, who was appointed by President George W. Bush, said in 2010, adding: “The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court, according to the requirements of protocol, has to sit there expressionless, I think, is very troubling.”
But the chief justice has continued to attend, while other members of the court have long ago stopped going. Justice Clarence Thomas, who has said that he could not abide “the catcalls, the whooping and hollering and under-the-breath comments,” has not gone for more than a decade.
Justice Samuel A. Alito Jr. called the addresses “very political events” and “very awkward,” adding, “We have to sit there like the proverbial potted plant most of the time.”
He did speak, sort of, in 2010 in response to President Obama’s criticism of the Citizens United campaign finance decision, then just a few days old. He mouthed the words “not true.” He has not been back since.