Five of the nine U.S. Supreme Court justices will miss President Trump’s first official State of the Union on Tuesday night.
Along with Justice Ruth Bader Ginsburg, whose absence was previously reported, Justices Samuel Alito, Anthony Kennedy, Sonia Sotomayor, and Clarence Thomas will not be in the audience.
Chief Justice John Roberts and Justices Stephen Breyer, Elena Kagan, and Neil Gorsuch, Trump’s nominee to the high court, will attend the speech, the Supreme Court's public information office said.
Several of the justices will miss the speech because of previously scheduled engagements. Ginsburg, for example, is in Rhode Island on Tuesday for events at Roger Williams University School of Law and Temple Beth-El in Providence.
Kennedy and Sotomayor also have travel plans.
It’s not unusual for Supreme Court justices to skip the State of the Union.
Alito hasn’t attended the annual addresses since 2010, when he was caught on camera mouthing “not true” when then-President Barack Obama condemned the Supreme Court’s ruling in Citizens United v. FEC.
Thomas also has been a no-show before and criticized the State of the Union during an event in 2010.
“I don’t go because it has become so partisan and it’s very uncomfortable for a judge to sit there,” Thomas told students at Stetson University College of Law. “There’s a lot that you don’t hear on TV—the catcalls, the whopping and the hollering and under-the-breath comments.”
Last year, when Trump delivered his first address to a joint session of Congress, Alito, Thomas, and Ginsburg were not in attendance.
Additionally, Justice Antonin Scalia, who died in 2016, stopped attending the annual addresses in 1997. Scalia said several years ago the State of the Union had “turned into a childish spectacle.”