Supreme Court Justices Ketanji Brown Jackson, Clarence Thomas, Sonia Sotomayor, Samuel Alito and Sonia Sotomayor did not attend President Donald Trump’s State of the Union address on Tuesday, and for some, it’s continuing a long tradition of skipping the speech.
The justices are not required to attend a State of the Union address, and there has not been a consistent standard for judicial attendance throughout history, according to SCOTUSblog.
Chief Justice John Roberts said in a 2010 interview that attending the address is an individual decision.
“Some of my colleagues made the decision that they don’t want to go, period,” Roberts told ABA Journal. “And I think that’s something that’s up to each individual member of the court.”
Why It Matters
Trump delivered his State of the Union address to Congress and four Supreme Court justices on Tuesday. The court currently has a 6-3 conservative majority, including three justices appointed by Trump during his first presidential term.
The court has ruled in favor of the Trump administration on key issues, including immigration enforcement and cuts to federal government agencies. However, Justices Roberts, Neil Gorsuch and Amy Coney Barrett joined the court’s liberal justices to form a majority in a decision released Friday, which held that a 1977 law does not authorize the president to implement tariffs.
Trump said he was “absolutely ashamed” of some justices who ruled against him, calling them “disloyal to our Constitution.”
Trump was asked on Friday if the dissenting Supreme Court justices were still invited to his State of the Union address next week. He responded, “Just barely.” He added, “I couldn’t care less if they come.”
Trump had to walk by the justices on his way to the front of the room, where he’d deliver his speech. He stopped to shake their hands before moving on to greet other guests.
Chief Justice John Roberts
Roberts has been one of the court’s most consistent State of the Union attendees in the modern era. He has attended every address from 2006 to 2025, according to data compiled by The Hill. Roberts has served on the court since 2005.
Justice Clarence Thomas
Justice Clarence Thomas has been one of the least frequent attendees of the State of the Union address. He has not attended a State of the Union address since 2006, according to attendance data. The 2006 address is the only State of the Union Thomas has attended in the 21st century.
Thomas joined the court in 1991.
Justice Samuel Alito
Justice Samuel Alito last attended a State of the Union address in 2010, according to the data. At the address, Thomas shook his head and appeared to mouth “not true” after then-President Barack Obama’s comments on the court’s Citizens United ruling, according to Reuters.
Alito also attended the State of the Union address in 2006, 2007 and 2008. He began serving on the court in 2006.
Justice Sonia Sotomayor
Justice Sonia Sotomayor attended the State of the Union address in 2010, 2011, 2013, 2015, 2016 and 2024, according to the data. She did not attend the address in 2012, 2014, 2018, 2019, 2020, 2022 and 2023. Sotomayor began serving on the court in 2009.
Justice Elena Kagan
Justice Elena Kagan is among the court’s most frequent State of the Union attendees. She has attended every State of the Union address since 2011, according to the data. She joined the court in 2010.
Justice Neil Gorsuch
Justice Neil Gorsuch attended the State of the Union address in 2018, 2019, 2020 and 2024, according to the data. He was not in attendance at the address in 2022 and 2023. Gorsuch joined the court in 2017.
Justice Brett Kavanaugh
Justice Brett Kavanaugh is among the court’s most frequent State of the Union attendees. He has attended every State of the Union address since 2019, according to the data. Kavanaugh began serving on the court in 2018.
Justice Amy Coney Barrett
Justice Amy Coney Barrett attended the State of the Union address in 2022 and 2023, but she did not attend in 2024, according to the data. She began serving on the court in 2020.
Justice Ketanji Brown Jackson
Justice Ketanji Brown Jackson attended the State of the Union address in 2023 and 2024, according to the data. She joined the court in 2022.
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