Supreme Court Justices Face Awkward Spotlight at Trump’s State of the Union

President Trump will likely encounter some of the Supreme Court justices who ruled against his tariff policies during Tuesday night's State of the Union address. The annual speech has historically created uncomfortable moments for justices, particularly when presidents criticize their decisions while they sit silently in the audience.

When President Donald Trump takes the podium for his State of the Union speech Tuesday evening, he may find himself sharing the same room with several Supreme Court justices who recently ruled against his controversial tariff policies.

The traditional annual address has historically produced awkward situations for the nation’s highest court members, and this year’s event could underscore the strain between Trump and three conservative justices who sided with the court’s liberal wing in last Friday’s 6-3 decision: Chief Justice John Roberts, Neil Gorsuch, and Amy Coney Barrett.

Notably, Trump personally selected Gorsuch for the court in 2017 and Barrett in 2020 during his previous presidency. Roberts has led the court for over twenty years after his appointment by former Republican President George W. Bush in 2005.

Following Friday’s court decision, Trump harshly criticized the institution and the six justices who voted against his position. The ruling determined that Trump had overstepped his authority by circumventing Congress and implementing tariffs through legislation designed for national emergency situations.

In his response to the ruling, Trump expressed being “ashamed” of the three conservative justices who opposed him, labeling them “fools and lapdogs for the RINOs and the radical-left Democrats.” The acronym RINO stands for “Republican in name only,” a phrase conservative Republicans sometimes use to criticize party members they consider disloyal.

Trump specifically called Gorsuch and Barrett “an embarrassment to their families” for their tariff ruling stance. He also made unsubstantiated claims that the court has been “swayed by foreign interests.”

However, Trump praised the three justices who supported his position, offering particular commendation for Brett Kavanaugh, whom he appointed in 2018.

Several of the nine current justices typically attend State of the Union addresses, and some are anticipated to be present in the House of Representatives chamber for Trump’s joint congressional session speech. The court has not yet announced which justices plan to attend Tuesday’s event.

According to tradition, attending justices don their judicial robes and maintain neutral facial expressions throughout the proceedings.

Brown University political science professor Corey Brettschneider explained that justice attendance “sends a message of stability” and “conveys that these aren’t enemy institutions.”

During last year’s congressional address, Trump physically greeted Roberts with a handshake and shoulder pat, saying “Thank you again. I won’t forget.”

This interaction occurred following a 2024 Supreme Court ruling written by Roberts that provided Trump with extensive immunity from prosecution for presidential official acts, though Trump later claimed he was thanking Roberts for administering his inaugural oath.

Four justices were present for Trump’s final formal State of the Union in 2020.

Despite attending every State of the Union since joining the Supreme Court, Roberts has publicly expressed reservations about the practice.

“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,” Roberts stated during a 2010 University of Alabama speech, according to media coverage.

Roberts further commented, “To the extent the State of the Union has degenerated into a political pep rally, I’m not sure why we’re there.”

These comments came after Democratic President Barack Obama used his State of the Union platform to criticize a Supreme Court decision that removed certain campaign finance restrictions, warning it would “open the floodgates” to unlimited corporate and potentially foreign election funding.

Conservative Justice Samuel Alito, who was present for Obama’s speech, visibly reacted by shaking his head and apparently mouthing “not true,” breaking from the justices’ typical stoic behavior.

Since that incident, Alito has avoided State of the Union addresses, describing the tradition as “very awkward.”

In a 2015 American Spectator interview, Alito described the challenging position justices face during these addresses.

“Every once in a while the president will say something that is nonpartisan,” Alito explained. “We look foolish sitting there, so we stand up and start to applaud. And then we’ll get faked out. The president will get say, ‘This is a great country’ – and everyone will stand up and start to applaud – ‘because we’re gonna do this, we’re gonna enact this legislation.’ It’s a very odd experience.”

The late conservative Justice Antonin Scalia also regularly avoided the speech, once describing it as a “childish spectacle.”

During his 2024 State of the Union address, Democratic President Joe Biden directly addressed the present justices, criticizing them for the court’s 2022 decision that overturned abortion protections.

“With all due respect, justices, women are not without … electoral or political power,” Biden declared.

The most recent occasion when all nine court members skipped a State of the Union was in 2000, near the conclusion of Democratic President Bill Clinton’s second term. The court issued a public statement attributing the absences to “travel changes and minor illnesses.”