From nodding off to spouting off: How the Supreme Court can make news at the State of the Union

John Fritze, USA TODAY
·2 min read
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WASHINGTON – They sit in the front row but the Supreme Court justices who show up to the annual State of the Union are not the focus of the address – until they are.

Generally low key and eager to keep the spotlight as far away as possible, the usually small contingent of Supreme Court justices who attend the president's speech have occasionally found themselves at the center of viral moments on the House floor.

Here are a few such notable scenes from previous State of the Union addresses.

Chief Justice John Roberts, center, and Associate Justice Stephen Breyer arrive for the State of the Union address by President Joe Biden to a joint session of Congress in the U.S. Capitol House Chamber on March 1, 2022.
Chief Justice John Roberts, center, and Associate Justice Stephen Breyer arrive for the State of the Union address by President Joe Biden to a joint session of Congress in the U.S. Capitol House Chamber on March 1, 2022.

Hand on his heart: Shy Breyer

The Supreme Court rarely comes up as a State of the Union topic, but President Joe Biden had good reason to raise the high court during his address last year. Associate Justice Stephen Breyer's retirement became public weeks earlier, and Biden wanted to prime the confirmation pump for his successor, Ketanji Brown Jackson.

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Biden gave more than a short shout-out to Breyer, nominated to the nation's highest court in 1994 by President Bill Clinton. Biden's words prompted a standing ovation – joined by the other justices, who rarely applaud at all. In a moment that would quickly become an internet meme, Breyer briefly covered his face with his hands – and then covered his heart, mouthing the words "thank you" over and over.

Chief Justice John Roberts and Associate Justices Amy Coney Barrett, Brett Kavanaugh and Elena Kagan as well as US Army Chief of Staff General James McConville and US Marines Chief of Staff General David Berger applaud retiring Supreme Court Justice Stephen Breyer as Breyer is honored by President Joe Biden during the State of the Union address on March 1, 2022.

Push back: Alito reacts to Obama

In a more contentious moment, Associate Justice Samuel Alito was seen on television in 2010 shaking his head and mouthing the words "not true" as President Barack Obama took the rare step of criticizing the court's decision in Citizens United v. Federal Election Commission. That decision, handed down days earlier, established the right of corporations and unions to make unlimited, independent political expenditures.

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Obama said that the decision would "open the floodgates for special interests, including foreign corporations." That appeared to be the line that prompted Alito's reaction, which was replayed on cable television news for days. Alito hasn't attended the speech since.

In this photo taken Jan. 27, 2010, Associate Justices Samuel Alito, right, and Sonia Sotomayor are seen before President Barack Obama delivers the State of the Union Address at the U.S. Capitol in Washington.
In this photo taken Jan. 27, 2010, Associate Justices Samuel Alito, right, and Sonia Sotomayor are seen before President Barack Obama delivers the State of the Union Address at the U.S. Capitol in Washington.

Nodding off: RBG not '100% sober'

For the late Associate Justice Ruth Bader Ginsburg, the political spectacle of the State of the Union address apparently just wasn't all that compelling. Ginsburg was frequently spotted nodding off. She acknowledged as much and, in 2015, offered an explanation.

"I wasn't 100% sober," Ginsburg admitted.

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Before the address, some of the justices got together for dinner. Ginsburg had sworn she would stick to water, but "the dinner was so delicious," she said, "it needed wine."

Associate Justice Ruth Bader Ginsburg appears to dose during President Barack Obama's first State of the Union address at the U.S. Capitol on January 27, 2010, in Washington, D.C. Pictured from the high court are: (L-R, Front) Chief Justice John Roberts and Associate Justices Anthony Kennedy, Ginsburg and Stephen Breyer (L-R, Back)Associate Justices Samuel Alito and Sonia Sotomayor.

This article originally appeared on USA TODAY: From Alito to Breyer, Supreme Court moments at the State of the Union