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Deadline Legal Blog-After tariffs case, this State of the Union could be Trump's strangest SCOTUS showdown yet
Prior presidents have criticized justices to their face about their rulings. But Tuesday's speech could break new ground.
After tariffs case, this State of the Union could be Trump’s strangest SCOTUS showdown yet
— News Wire - World 🌎 Independent News Network Pro-Democracy (@democracyblue.bsky.social) 2026-02-24T14:56:54.012Z
Prior presidents have criticized justices to their face about their rulings. But Tuesday's speech could break new ground. www.ms.now/deadline-whi...
https://www.ms.now/deadline-white-house/deadline-legal-blog/trump-supreme-court-tariffs-rulling-state-of-the-union
Heading into Donald Trump’s latest congressional appearance on Tuesday night, he has already thoroughly lashed out at Friday’s tariffs ruling against him and — in dehumanizing terms — the justices behind it. Now, just a few days after the decision, he’ll come face to face with whichever justices decide to show up to the House chamber of the Capitol.....
Roberts authored the tariffs ruling, joined in the 6-3 bottom line by Trump appointees Barrett and Justice Neil Gorusch, as well as the court’s three Democratic appointees: Kagan and Justices Sonia Sotomayor and Ketanji Brown Jackson. On Friday, while calling the justices in the majority cowards, disgraces, traitors and embarrassments to their families, the president praised Kavanaugh, as well as Justices Clarence Thomas and Samuel Alito, who all dissented. He said the dissenters are “happily” invited to the State of the Union and that the justices in the majority are “barely” invited and he “couldn’t care less if they come.”
The court is set to issue more opinions this week, on Tuesday and Wednesday. It doesn’t announce what’s coming ahead of time, and whatever comes seems unlikely to fully overshadow the tariffs decision, but any Trump-friendly rulings on Tuesday morning would add another layer to the evening’s dynamic. Likewise, the president on Tuesday night could disparage justices who then issue a decision he might like in another case on Wednesday morning.
And while Kavanaugh has attended in recent years, the two justices who joined his tariffs dissent have not. Alito hasn’t shown up since the Citizens United year, when he was seen mouthing “not true” in response to Obama’s characterization of the ruling. A 2024 opinion piece in The Wall Street Journal that aired Alito’s dim view of the event — “We sit there like potted plants,” he said — noted that Thomas last went in 2006. Thomas said in 2010 that he doesn’t go “because it has become so partisan.”
Roberts authored the tariffs ruling, joined in the 6-3 bottom line by Trump appointees Barrett and Justice Neil Gorusch, as well as the court’s three Democratic appointees: Kagan and Justices Sonia Sotomayor and Ketanji Brown Jackson. On Friday, while calling the justices in the majority cowards, disgraces, traitors and embarrassments to their families, the president praised Kavanaugh, as well as Justices Clarence Thomas and Samuel Alito, who all dissented. He said the dissenters are “happily” invited to the State of the Union and that the justices in the majority are “barely” invited and he “couldn’t care less if they come.”
The court is set to issue more opinions this week, on Tuesday and Wednesday. It doesn’t announce what’s coming ahead of time, and whatever comes seems unlikely to fully overshadow the tariffs decision, but any Trump-friendly rulings on Tuesday morning would add another layer to the evening’s dynamic. Likewise, the president on Tuesday night could disparage justices who then issue a decision he might like in another case on Wednesday morning.
And while Kavanaugh has attended in recent years, the two justices who joined his tariffs dissent have not. Alito hasn’t shown up since the Citizens United year, when he was seen mouthing “not true” in response to Obama’s characterization of the ruling. A 2024 opinion piece in The Wall Street Journal that aired Alito’s dim view of the event — “We sit there like potted plants,” he said — noted that Thomas last went in 2006. Thomas said in 2010 that he doesn’t go “because it has become so partisan.”