Six of the nine Supreme Court justices attended the State of the Union address in January, but don't be surprised if that number goes way down next year, in light of comments made by Chief Justice John Roberts Jr. in Alabama on Tuesday.
Roberts spoke to University of Alabama Law School students in Tuscaloosa. During a question-and-answer period, he was asked about the rare episode at this year's address, in which President Barack Obama criticized the Court's campaign finance ruling Citizens United v. Federal Election Commission, with the justices sitting in front of him. Senators sitting near the justices stood and cheered Obama's remarks while the justices, as is their custom, sat impassively. Only Justice Samuel Alito Jr. registered mild disapproval, furtively shaking his head and appearing to mouth the words "not true."
Roberts answered by saying first that the Court was fair game for criticism. "Anybody can criticize the Supreme Court without qualms ... so I have no problems with that," he said. But he went on to say, "There is the issue of the setting, the circumstances and the decorum. 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 the requirements of protocol -- has to sit there expressionless, I think is very troubling."
Roberts also said, "To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we're there."
On a Court that takes its cue from the chief justice on matters such as attending the State of the Union Address, Roberts' wonderment at why the justices attend at all could translate into few justices attending next year. Attendance of justices has already varied widely over the years. Only Justice Stephen Breyer, a former top Senate staffer, has attended consistently to hear Republican and Democratic presidents alike. The Constitution requires only that the president deliver the message to Congress, but by longstanding tradition, invitations to attend have been extended not only to the high court but to other groups such as the Joint Chiefs of Staff and the diplomatic corps, as well as the high court.
Roberts' comments in Alabama amounted to a rare participation by a justice in a politically charged debate. And even though Roberts appeared more critical of the decorum of the Congress than of Obama's remarks, the White House responded to Roberts' remarks with another swipe at the Court's Citizens United decision, which Roberts joined.
"What is troubling is that [Citizens United] opened the floodgates for corporations and special interests to pour money into elections -- drowning out the voices of average Americans," White House press secretary Robert Gibbs said Tuesday night. "The president has long been committed to reducing the undue influence of special interests and their lobbyists over government. That is why he spoke out to condemn the decision and is working with Congress on a legislative response."
Roberts' talk can be viewed on the C-SPAN web site at this link. Roberts' remarks on the State of the Union Address begin around the 44-minute mark.
