Supreme Court Justices at the State of the Union: Rules, Traditions, and Why So Many Skipped

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Q1: Are Supreme Court justices legally required to attend the State of the Union?
A1: No. Attendance is completely voluntary. No federal law, constitutional rule, or judicial code requires a member of the court to attend a joint session of Congress. Justices attend purely as invited guests of the House of Representatives.

Q2: Why do attending justices refuse to clap or stand during policy announcements?
A2: The justices observe strict judicial etiquette to signal nonpartisan neutrality. Applauding policy goals would suggest political favoritism, which could compromise their impartiality when lawsuits regarding those exact policies reach their docket.

Q3: Which justice has skipped the most State of the Union addresses in modern history?
A3: Justice Clarence Thomas has avoided the speech for more than a decade, openly calling it uncomfortable. The late Justice Antonin Scalia regularly skipped the address as well, criticizing the modern format as an undignified political performance.