Australia and the World Past and Present

We have just had Donald Trump’s joint Congressional address.

For this event, the three branches of government come together in the same room to hear the President’s speech.

For the latest address some current justices were present, but not all.

Let’s look at who was there and who wasn’t.

Chief Justice John Roberts was in attendance. Roberts is sometimes labelled a conservative and sometimes a moderate. He was nominated by George W. Bush.

Elena Kagan was also at the address. She was nominated by President Obama in 2010. So her presence at the speech was interesting in that she was the only ‘liberal’ Justice in attendance. Arriving at her motivation is hard to ascertain. Did she wish to ensure that the liberal side of the Court was represented at the event? Was it a ‘I’m keeping an eye on you’ moment directed at the President? Or did she want to witness an important speech in her nation’s history? Or did she just think that it was good manners to be present?

Two Trump appointees to the Court were there – Brett Kavanaugh and Amy Coney Barrett.

Some Justices chose not to attend.

Clarence Thomas was one. He assumed office in 1991 after being nominated by Bush (senior). Some consider him the most conservative justice on the court.

Samuel Alito wasn’t there either. Another one of Bush’s (junior) appointees. Raised up by a Republican President and more likely to be a conservative than not.

Sonia Sotomayor wasn’t there and the same goes for another Trump nominee – Neil Gorsuch.

Addresses to Congress are quite predictable. The Vice President and Speaker loom behind the President, jump to their feet and applaud at key moments during the speech. This time, Republicans politicians listening on cheered loud and proud.

Conversely, Democrats voiced their dissatisfaction. They are particularly energised under Trump. They shouted and hollered their disapproval and help up their little signs. One Democrat representative was even evicted from the proceedings.

But the Supreme Court justices were more like Easter Island Statues. they are careful not to respond to anything in the speech. Whatever they think privately, they show no approval or disapproval. Their role is not to judge the speech. Their place of business lies elsewhere and that is where they render their judgements.

There is a good argument that Supreme Court Justices should not attend these addresses at all.

The three branches of government are supposed to separate and equal. During the speech, members of the legislature and the judiciary are effectively audience members for the head of the executive. He stands at his lectern and projects his vision. The President literally looks down on legislators and the justices while they are forced to look up at him.

At the conclusion of the speech, the President descends. The Justices come face to face with the President and there are handshakes and, on this occasion, a pat of the back with Trump remarking to Chief Justice Roberts “Thank you again, I won’t forget it.” Naturally this sparked off speculation over what exactly Trump was talking about. It is possible that Roberts himself isn’t sure what the President was referring to.

Perhaps all Justices staying at home may be a good thing.