Why Samuel Alito Shuns the State of the Union – WSJ

Justice Samuel Alito s first State of the Union address was a happy occasion, but things went downhill after that. The Supreme Court now has two superb new members, President George W. Bush told the nation on Jan. 31, 2006. Justice Alito had been confirmed that same day, Chief Justice John Roberts four months earlier. Both were in the audience justices get front-row seats and both eventually came to regard the annual ritual as a burden. Justice Alito hasn t attended one since 2010.

Unless you re there on the floor, you don t really appreciate what s going on, Justice Alito told the Journal in an interview last spring. The members [of Congress] are extremely vocal. . . . I remember during one where President Bush was speaking, and the leaders behind us were saying, Bulls ! That s bulls ! They re always making these comments, and loud enough so you could hear it two or three rows away.

That s awkward for members of the court, whose official role requires them to rise above partisanship. Applause lines are even trickier, since silence can seem like dissent. We sit there like potted plants, and then we look out of the corner of our eye to see whether any of our colleagues are going to stand up, or the Joint Chiefs are, Justice Alito said. There are some times when you have to stand up. Like, Don t we honor the brave men and women who are fighting and dying for this country? you can t not stand up for that. But then you say, Isn t the United States a great country you stand up because we are going to enact this legislation maybe you have to sit down.

via www.wsj.com

James Taranto and David B. Rivkin Jr.