FILE - Chief Justice of the Supreme Court John Roberts, Justice Elena Kagan, Justice Brett Kavanaugh, Justice Amy Coney Barrett and retired Justice Anthony Kennedy attend President Donald Trump's address to a joint session of Congress at the U.S. Capitol on March 4, 2025, in Washington, D.C. (Win McNamee/Pool via REUTERS)
Trump lashed out sharply at the court, especially the six members who voted against him, including two he appointed to the bench — Justices Neil Gorsuch and Amy Coney Barrett.
The president said he was "ashamed of certain members of the court, absolutely ashamed for not having the courage to do what's right for the country."
At least one member of the bench, Justice Samuel Alito, has previously stated he will likely no longer go — after lingering, dramatic criticism leveled at a court ruling by Obama in his 2010 address.
But one or more justices have almost always attended the annual speech to Congress and the nation in recent decades. Court members are not required by law to be there, but custom has dictated their appearance, mostly for show. They are a key, if low-key, part of the pageantry, and are compelled to sit politely and stoically, amid the often high-spirited partisan rhetoric and response of the event.
There is no word yet from the high court on who will appear. Invitations are sent to each chamber, and the justices have individual discretion over whether to go.
Those who do traditionally wear their judicial robes, are escorted into the House as a group, and take prominent seats up front.
Retired justices usually get asked as well, minus the robes. They are joined by other officers of the court, such as the marshal and clerk.
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Chief Justice John Roberts and Justice Elana Kagan, along with former Justices Stephen Breyer and Anthony Kennedy have been regular attendees over the years.
Members of the Supreme Court pose for an official group portrait at the Supreme Court building on Capitol Hill in Washington, D.C., on Oct. 7, 2022, following the addition of Associate Justice Ketanji Brown Jackson. (Jabin Botsford/The Washington Post via Getty Images)
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The now 75-year-old justice also, with a smile, noted that his colleagues "who are more disciplined, refrain from manifesting any emotion or opinion whatsoever."
Roberts labeled the political atmosphere at the 2010 address "very troubling."
The head of the federal judiciary has said partisan rhetoric and gestures aimed at the court left him questioning whether his colleagues should continue to attend.
During that 2010 address, members of Congress sat just behind the justices, many applauding loudly when Obama made his remarks about the court's election spending case, especially Sen. Charles Schumer, D-N.Y.
"It does cause me to think whether or not it makes sense for us to be there" Roberts said weeks after the controversy. "To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we're there."
Then-White House press secretary Robert Gibbs responded quickly at the time with an indirect attack on Roberts, saying "the only thing troubling" was the Citizens United ruling itself.
Regardless, Roberts has never missed a State of the Union as chief justice.
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That included 2021 with President Joe Biden’s address to a joint session of Congress that was limited in attendance because of the pandemic. The sparse, widely-separated crowd included Roberts, a few Cabinet officers and a smattering of congressional members, all wearing masks.
Some justices were regular no-shows at the State of the Union, including John Paul Stevens, who stepped down from the court months after the 2010 State of the Union.
Roberts' predecessor, Chief Justice William Rehnquist, also rarely appeared in person, once because he considered a painting class more preferable.
Justice Clarence Thomas called it "very uncomfortable for a judge to sit there." He went to Obama's first annual address in 2009, but has not been back since.
"There's a lot that you don't hear on TV," he once said, "the catcalls, the whooping, hollering and under-the breath comments."
Another more vocal no-go was the late Justice Antonin Scalia, who compared the televised State of the Union to "cheerleading sessions."
President Donald Trump is set to deliver his fourth State of the Union address of his presidency on Feb. 24, 2026. (Win McNamee/Getty Images)
Here's a list of Supreme Court members attending recent State of the Union or equivalent Joint Session of Congress addresses in recent years, based on Fox News research and congressional records. Names are listed by seniority:
– 2025: John Roberts, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, Anthony Kennedy (retired)
– 2024: Roberts, Sonia Sotomayor, Kagan, Neil Gorsuch, Kavanaugh, Ketanji Brown Jackson, Kennedy (retired)
– 2023: Roberts, Kagan, Kavanaugh, Barrett, Jackson, Kennedy, Stephen Breyer (retired)
– 2022: Roberts, Breyer, Kagan, Kavanaugh, Barrett
– 2021: Roberts (limited speech attendance because of pandemic)
– 2020: Roberts, Kagan, Gorsuch, Kavanaugh
– 2019: Roberts, Kagan, Gorsuch, Kavanaugh
– 2018: Roberts, Breyer, Kagan, Gorsuch
– 2017: Roberts, Kennedy, Breyer, Sonia Sotomayor, Kagan
– 2016: Roberts, Kennedy, Ruth Bader Ginsburg, Breyer, Sotomayor, Kagan
– 2015: Roberts, Kennedy, Ginsburg, Breyer, Sotomayor, Kagan
– 2014: Roberts, Kennedy, Ginsburg, Breyer, Kagan
– 2013: Roberts, Kennedy, Ginsburg, Breyer, Sotomayor, Kagan
– 2012: Roberts, Kennedy, Ginsburg, Breyer, Kagan
– 2011: Roberts, Kennedy, Ginsburg, Breyer, Sotomayor, Kagan
– 2010: Roberts, Kennedy, Ginsburg, Breyer, Samuel Alito, Sotomayor
– 2009: Roberts, Kennedy, Clarence Thomas, Ginsburg, Breyer, Alito
– 2008: Roberts, Kennedy, Breyer, Alito
– 2007: Roberts, Kennedy, Breyer, Alito
– 2006: Roberts, Thomas, Breyer, Alito
– 2005: Breyer
– 2004: Breyer
– 2003: Breyer
– 2002: Kennedy, Breyer
– 2001: Breyer
– 2000: None
– 1999: O'Connor, Kennedy, David Souter, Thomas, Ginsburg, Breyer
– 1998: Rehnquist, O'Connor, Souter, Thomas, Breyer
– 1997: Scalia, Kennedy, David Souter, Thomas, Ginsburg, Breyer, Byron White (retired)
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– 1996: Rehnquist, O'Connor, Kennedy, Thomas, Ginsburg, Breyer
– 1995: Rehnquist, O'Connor, Scalia, Ginsburg, Breyer, Harry Blackmun (retired)
Shannon Bream currently serves as anchor of FOX News Sunday. She joined the network in 2007 as a Washington, D.C- based correspondent covering the Supreme Court.
https://www.foxnews.com/politics/go-not-go-supreme-court-state-union