Missing justices

[Stephen Wermiel]

The problem for the justices at the State of the Union is not one of
concern because the U.S. is a litigant. It is a problem of justices who, if
they applauded, would be signaling pleasure with matters of public policy
and political judgment, both of which they seek to give the appearance of
avoiding. If they don't applaud, as has already been suggested, they look
rude, stiff and stodgy while all those around them are doing their best
jack-in-the-box imitation.

The only argument for going is to show the solidarity of the three branches
of government behind our constitutional system. And that argument may
simply be outweighed by the desire not to appear to be cheering for the
President's budget or applauding for the President's desire for improved
education or better law enforcement.
Steve Wermiel
Associate Director
Program on Law and Government
American University Washington College of Law
(202)274-4263
Office e-mail:  swermiel at wcl.american.edu