The Supreme Court And The State Of The Union
More From NPR's Nina Totenberg
Chief Justice John Roberts has said he was not happy about sitting stone-faced at last year's State of the Union address. But in the wake of the Tucson shooting rampage, the across-the-aisles seating chart for this year's address, and a good deal of politics from the high court this week, Roberts and five other justices will again take a front row seat to tonight's address. For more, host Michele Norris speaks to NPR's Nina Totenberg.
MICHELE NORRIS, Host:
And, Nina, Chief Justice Roberts has attended every State of the Union since his appointment in 2005. Remind us why we thought that perhaps he might not attend tonight.
NINA TOTENBERG: The chief justice then, a few days later, characterized the event as a public hazing in which members of the Court, according to protocol, have to sit there expressionless, surrounded by members of Congress cheering and hollering. And that did seem to be a signal that at least he would not attend again. But the Tucson shooting, I suspect, changed his view.
NORRIS: And why do you suspect that?
TOTENBERG: Because the chief justice is a pretty political guy, not in the partisan sense, but in the sense of understanding the politics, the national politics of the moment, which are to show a united front and alleviate, not aggravate divisions.
NORRIS: So which justices will be there besides Roberts?
TOTENBERG: Alito is out of town. Scalia has not attended since 1997 and Thomas rarely attends. And I just have to tell you, Michele, the truth is that Supreme Court attendance is often spotty, even non-existent. Justice Breyer is the only one who really thinks that going is an important statement. And sometimes, he's the only justice there. I think four times, and indeed, in 2000 when he was sick, none of the justices went.
NORRIS: Nina, on another matter, I understand that Justice Scalia gave a lecture on the Constitution last night to the Tea Party Caucus on Capitol Hill, sparking cries of partisanship.
TOTENBERG: Well, whatever controversy there was frankly fizzled when the Tea Party folks invited Democrats to participate, and when legal ethics experts said there was nothing wrong in his appearance, especially since Scalia talks to the ACLU as well.
NORRIS: And there's other news as well about Justice Clarence Thomas. He's gotten himself in a bit of a mess over financial disclosure forms he's required to file.
TOTENBERG: Well, it turns out that he has not, for 13 years, disclosed his wife's income source as required, including nearly $700,000 from the conservative Heritage Foundation over a four-year period. When these omissions were disclosed by common cause over the weekend, Thomas filed amendments to the disclosure forms, saying that it had been a misunderstanding of the regulation.
NORRIS: Thank you, Nina.
TOTENBERG: Thank you.
NORRIS: That's NPR legal affairs correspondent Nina Totenberg.
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