A majority of U.S. Supreme Court justices were absent from President Donald Trump’s 2026 State of the Union address Tuesday night, a notable development that came just days after the high court struck down his global tariff policy.
Only Chief Justice John G. Roberts Jr. and Associate Justices Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett attended the speech.
Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, Sonia Sotomayor, and Ketanji Brown Jackson did not attend.
Tariff Ruling Sparks Tension
The absences followed a 6–3 Supreme Court decision ruling that President Trump’s sweeping tariff plan exceeded presidential authority under the International Emergency Economic Powers Act.
The decision marked a significant setback for a core component of Trump’s economic agenda.
In response to the ruling, Trump criticized members of the Court who sided against him.
He said he was “ashamed of certain members of the court.”
The president accused them of lacking “the courage to do what’s right for the country.”
His remarks included criticism of members of the Court’s conservative bloc, including two justices he appointed during his first term.
Attendance Is Optional
Supreme Court justices are not legally required to attend a State of the Union address.
Invitations are extended as a matter of tradition, and each justice decides individually whether to participate.
Those who attend typically enter the House chamber together in black judicial robes and sit prominently in the front row, a visible reminder of the judiciary’s coequal role alongside the executive and legislative branches.
Still, attendance has long been inconsistent, with several justices expressing discomfort about appearing at what many view as an increasingly partisan event.
A History of Judicial Boycotts
Justice Samuel Alito has not attended a State of the Union since 2010, when he 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,” suggesting he would not return anytime soon.
At the time, Chief Justice Roberts described the atmosphere surrounding the event as “very troubling.”
Roberts questioned whether it remained appropriate for justices to attend if the address 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.
Justice Clarence Thomas has also largely opted out in recent years.
After attending President Obama’s first address in 2009, Thomas did not return, later describing the experience as uncomfortable given the partisan reactions inside the chamber.
While some justices routinely skip the event, others continue to attend in keeping with institutional tradition.
Tuesday night’s split attendance underscores the ongoing tension between the judicial branch and President Trump’s aggressive use of executive authority, particularly on economic and trade policy, as legal battles over the administration’s agenda continue to unfold.
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