John Roberts, chief justice of the US Supreme Court, from left, Elena Kagan, associate justice of the US Supreme Court, Brett Kavanaugh, associate justice of the US Supreme Court, and Amy Coney Barrett, associate justice of the US Supreme Court, during a State of the Union address in the House Chamber of the US Capitol in Washington, DC, US, on Tuesday, Feb. 24, 2026. (Graeme Sloan/Bloomberg via Getty Images)
Supreme Court justices are not legally required to attend the State of the Union. Invitations are extended as a matter of tradition, and participation is left to individual discretion. Those who do attend typically enter the House chamber together in their black judicial robes and sit prominently in the front row — a visual symbol of the judiciary’s coequal status alongside the executive and legislative branches.
Trump delivers the first official State of the Union of his second term. (Getty Images)
Alito has not attended a State of the Union since 2010, when he famously shook his head and appeared to mouth "not true" as then-President Barack Obama criticized the Court’s decision in Citizens United v. Federal Election Commission. Months later, Alito said publicly that sitting through the address made him feel like "the proverbial potted plant," and he suggested he would not return in the near future.
TO GO OR NOT TO GO? SUPREME COURT AT THE STATE OF THE UNION
Roberts at the time described the political atmosphere surrounding the address as "very troubling," and questioned whether it remained appropriate for the justices to attend if the event had devolved into what he characterized as a political "pep rally." Despite those concerns, Roberts has attended every State of the Union since becoming chief justice in 2005.
Bradford Betz is a Fox News Digital breaking reporter covering crime, political issues, and much more.
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