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Speaker 1: The v I P. S at President Trump's speech to

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Speaker 1: Congress tonight will include some, but not all, of the

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Speaker 1: eight sitting Supreme Court justices. By by tradition, they will

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Speaker 1: sit passively throughout the speech, remaining stone face, no matter

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Speaker 1: what the President says, and no matter how animated the

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Speaker 1: reaction of the lawmakers seated nearby. One question this year

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Speaker 1: is which justices will show up. Ruth Bader Ginsburg attended

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Speaker 1: each of Barack Obama's eight speeches to Congress, but she

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Speaker 1: was critical of Trump during the campaign and she might

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Speaker 1: take a pass this year. With me here in the

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Speaker 1: Bloomberg ninety nine one studio to talk about the symbolism

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Speaker 1: of the justices and their attendance at the annual event.

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Speaker 1: Is Bloomberg being a Supreme Court reporter Kimberly Robinson, Kimberly,

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Speaker 1: thanks for being here. Great to be here. Uh, It's

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Speaker 1: it's something of an odd spectacle. They they sit there

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Speaker 1: at this very political event. Why are they any of

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Speaker 1: them there in the first place. Well, they're there because

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Speaker 1: they choose to be so. The Constitution says that, you know,

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Speaker 1: the president, from time to time must inform the Congress

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Speaker 1: of the state of the Union. It doesn't say anything

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Speaker 1: about the Supreme Court. And so even though the justices

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Speaker 1: are invited each year, as Justice Briar has said, it's

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Speaker 1: really up to each of them to decide if they

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Speaker 1: want to attend um. So in recent years we've had

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Speaker 1: kind of a block of six justices that have been attending,

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Speaker 1: and presumably it's because they want to greg. Chief Justice

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Speaker 1: John Roberts has said, to the extent the state of

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Speaker 1: the Union has degenerated into a political pep rally, I'm

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Speaker 1: not sure why we're there, but yet he goes every year.

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Speaker 1: What are the reasons you think that he goes? Well,

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Speaker 1: I think he speels he has a special feels like

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Speaker 1: he has a special duty as Chief Justice to be

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Speaker 1: there and represent the court. Uh. There was a great event.

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Speaker 1: I'll ask Kimberly about this, a big controversy back in

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Speaker 1: two thousand and ten. Kimberly, wan, don't you tell us

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Speaker 1: about that when Barack Obama talked about a case of

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Speaker 1: Supreme Court had just decided and made some of the justices,

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Speaker 1: including the Chief very uncomfortable. Well, that's right. So in

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Speaker 1: two thousand and ten, it was right after the Supreme

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Speaker 1: Court had decided. It's a divisive campaign finance case and

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Speaker 1: Citizens United, and then President Barack Obama had some pretty

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Speaker 1: harsh for words for what he thought that the decision

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Speaker 1: would mean. Um. Uh Noticeably uh, Justice Alito could be

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Speaker 1: seen obviously grimacing and um perhaps mouth if not true um,

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Speaker 1: which was seen as a break in that tradition that

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Speaker 1: you that you talked about at the top of the show,

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Speaker 1: where the justices kind of sit stoically. UM. So since

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Speaker 1: that time, Justice Alito has not been attending these States

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Speaker 1: of the Union or addresses to Joint Congress. Uh. And

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Speaker 1: he later has referred to uh, the justices participation there

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Speaker 1: is that of a proverbial plotted potted plant. Um. So

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Speaker 1: he has not been there. I'm not sure if you

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Speaker 1: will attend this year either. I would I would think

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Speaker 1: not um, but I'm not sure. As you mentioned about

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Speaker 1: some of the other justices who typically have been um

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Speaker 1: going to these events in recent years. Yes, maybe let's

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Speaker 1: just go through the ones who who are not. It's

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Speaker 1: probably easier to say which ones are not there. Justice

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Speaker 1: Aldo is not there, who else does not does not attend? Well?

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Speaker 1: Justice Thomas frequently does not attend. Um. He hasn't intended

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Speaker 1: for many many years UM, citing again the political nature

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Speaker 1: of the event. Um. Also, Justice Scalia did not attend UM.

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Speaker 1: He was very critical of it, calling it a childish spectacle. UM.

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Speaker 1: So those were the justices that tended not to attend,

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Speaker 1: and the rest of the six um do do to

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Speaker 1: traditionally attend, at least that's been the practice in the

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Speaker 1: last few years. Kimberly. One justice that attends every year,

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Speaker 1: in fact, three times in recent history he's been the

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Speaker 1: only justice in attendance is Justice Stephen Brier And tell

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Speaker 1: us what he said when he was asked why he goes? Well,

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Speaker 1: he said, uh, you know, it's up to each justice

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Speaker 1: if they want to go, and he wants to, so

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Speaker 1: he goes. That was simple enough. But perhaps it's uh

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Speaker 1: Justice Briar's roots, um, with his previous work in the

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Speaker 1: Senate that makes them curious um as to what the

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Speaker 1: President and Congress might be doing um in the year

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Speaker 1: past or in the year forward. Let's talk about Justice Ginsburg.

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Speaker 1: If she ends up going tonight, what what sort of

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Speaker 1: of symbolism do you see that as as uh creating? Well,

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Speaker 1: I mean, I think you know it's easy to say

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Speaker 1: that her not going is a symbol that she disproves

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Speaker 1: of the president, especially in light of you know, recent

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Speaker 1: UM comments that she made when it was then candidate

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Speaker 1: Trump UM calling him a faker. And so if she

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Speaker 1: doesn't go tonight, it may be kind of an obvious disapproval.

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Speaker 1: H Then again, Justice Ginsburgh did get into some trouble

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Speaker 1: at these State of the Union events before UM, most

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Speaker 1: notably when she fell asleep after having had some wine,

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Speaker 1: so that could be factoring into her decision to go

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Speaker 1: or not to go. Said it was only one glass. Kimberly,

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Speaker 1: I guess the State of the Union just isn't that interesting.

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Speaker 1: She also, I think, blamed Justice Kennedy for the wine.

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Speaker 1: She said it was exceptionally good wine, so I think

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Speaker 1: it may have been a very large glass of wine

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Speaker 1: she had June. She was also was well known for

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Speaker 1: giving big hugs to President Obama during the during the

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Speaker 1: State of the Union address. Well, it's going to be

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Speaker 1: an interesting evening just to watch watch their reactions to

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Speaker 1: President Trump. Usually the President comes over and shakes hands

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Speaker 1: hands with Justices Um. I we'll see what President Trump

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Speaker 1: Trump does, but I'm certainly looking forward to seeing those reactions.

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Speaker 1: I want to thank Kimberly Robinson Bloomberg, Bonna's Supreme Court reporter,

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Speaker 1: for being here with us to talk about which justices

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Speaker 1: are going to attend the State of the Union address.