Supreme Court Justice Ruth Bader Ginsburg has stayed away from the State of the Union since Donald Trump became president. But this year could be different.
Ginsburg, 85, is recovering from lung cancer and a fall that broke three ribs. She missed oral arguments at the Supreme Court last month — the first time she had done so in her 25-year career.
But she has reportedly been going to the gym and appeared in public Monday for the first time since her recent surgery, when she attended a concert at the National Museum of Women in the Arts in Washington, D.C. Her daughter-in-law was participating in a performance about her own life, called “Notorious RBG in Song.”
Ginsburg was present for all of Obama’s speeches, though he famously put her to sleep in 2015. A return to the floor of the House to sit just feet from Trump would mark a moment of high drama, electrifying liberals — among whom she has become an icon, attracting crowds wherever she goes.
Before Trump was elected, Ginsburg joked that she might move to New Zealand if he won the 2016 election. “I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president,” she said. “For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.”
A State of the Union appearance would be a way of boosting the spirits of despondent fellow liberals and showing Trump that she is in not only in the same hemisphere but still on the bench of the nation’s highest court.
Making a grand entrance and emphasizing that she will not go away would probably be the only reason Ginsburg would attend. Nominated by President Bill Clinton, a Democrat, in 1993, she has never gone to the State of the Union while a Republican — either George W. Bush or Trump — was in office.
It’s not unusual for justices to skip the State of the Union, though others don’t have such a partisan record of attendance. Justice Samuel Alito hasn’t shown up since 2010 and Justice Clarence Thomas has been absent since 2009. Both were nominated by Republican presidents.
Most seasoned legal observers expect Ginsburg to stay away, both for health reasons and because of her disdain for Trump. Heightening the anticipation, the Supreme Court has declined to say on the record whether Ginsburg will attend.
UPDATE: Late Tuesday, the Supreme Court announced that she would not attend. Only Chief Justice John Roberts and Justices Elena Kagan, Neil Gorsuch, and Brett Kavanaugh, are slated to be in the chamber.
But a last-minute change of plans resulting in a surprise appearance would only enhance the drama.
