How awkward. When President Donald Trump gives his State of the Union speech Tuesday night, the front row of his audience in the Capitol will be populated by a group he excoriated just four days earlier: the justices of the Supreme Court.
The nation’s highest court ruled struck down Trump’s global tariffs in a 6-3 decision on Friday, dealing a major blow to the president’s aggressive America First economic agenda. When the justices, including two of his appointees, declared declared the sweeping tariffs unlawful and unconstitutional, Trump derided the ruling as “unpatriotic.”
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In a departure from how other presidents have referred to the court, Trump called the justices who ruled against him “a disgrace to our nation” and “disloyal to the Constitution.”
What he might say Tuesday night — and how he might say it — remained unclear Tuesday afternoon. Nor is it certain how many of the justices will hear it.
They are not required to attend, and some usually skip the highly scrutinized evening. Justices John Roberts, Elena Kagan and Brett Kavanaugh typically attend, but Justices Samuel Alito and Clarence Thomas haven’t gone in years. Justice Amy Barrett skipped former President Joe Biden’s 2024 address. Justices Sonia Sotomayor and Neil Gorsuch sometimes go. Justice Ketanji Brown Jackson attended Biden’s speeches, but was not at Trump’s speech in 2025.
Whichever justices attend, their presence symbolizes the balance of power between the three branches of the U.S. government.
Trump’s speech comes a day after the American Bar Association (ABA), the nation’s most prominent legal group, strongly criticized Trump’s personal attacks on the justices.
“The recent remarks by the president of the United States, leveling personal criticisms against members of the U.S. Supreme Court, are not acceptable and cross a dangerous line that threatens the safety of the judiciary and our judicial process,” ABA President Michelle Behnke said in a statement.
The ABA’s statement underscores the gravity of this moment in the legal field and beyond. Trump has asserted unprecedented executive authority during his second term in office and has repeatedly rebuked judges who sought to curtail his power.
“The men and women of the Supreme Court, regardless of who appointed them, deserve respect for exercising their duty to interpret the Constitution faithfully and independently,” the ABA’s statement continued. “The health of our constitutional system depends on maintaining that independence, free from political intimidation or retribution. Vigorous debate over policy is a strength of our democracy, but attacks that demean the judiciary are not.”
An ABA spokesperson, Betsy Adeboyejo, declined to elaborate on why the organization thought it was important to respond to the president.
“We let the statement speak for itself,” Adeboye told Straight Arrow News. “We have no further comment.”
