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

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The empty seats in the House well did not belong to a single ideological bloc. Conservative Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch were absent, joined by liberal Justices Sonia Sotomayor and Ketanji Brown Jackson. Absences are rarely explained through formal public statements. Instead, justices lean on academic speeches, travel schedules, or personal conflicts to skip the event.

Clarence Thomas stopped attending regularly years ago, often describing the event as an uncomfortable and unnecessary chore. Justice Samuel Alito chose permanent exile after an infamous moment on the floor. For Sonia Sotomayor and Ketanji Brown Jackson, sitting through speeches that attack active court decisions or federal agency authorities poses real risks to judicial neutrality. Skipping the speech protects them from being used as silent props on national television. When a president looks directly at the court to challenge a ruling, the justices cannot talk back or explain their legal logic. Their best defense is simply not showing up.