Kennedy’s State of the Union presence serves as an ominous reminder

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Kennedy’s State of the Union presence serves as an ominous reminder
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The Supreme Court is always the elephant in the room at the State of the Union address. Last night was no exception. (via Deadline: Legal Blog)

address, holding incredible power over the policies that a president puts forth to the backdrop of standing and clapping members of Congress.

So even though the court’s justices mostly just sit there in quiet awkwardness — Justice Samuel Alito was aduring Barack Obama’s 2010 address — I’m always interested to see which justices attend. On that note, one particular jurist caught my eye last night: a retired justice, Anthony Kennedy. The Reagan appointee was there along with recent high court retiree Stephen Breyer and their respective replacements, Brett Kavanaugh and Ketanji Brown Jackson, as well as Chief Justice John Roberts and Justices Elena Kagan and Amy Coney Barrett.

Kennedy’s quiet presence struck me because, for decades, the Republican appointee wielded significant power over all our lives as the swing justice on a divided court, helping to dole out rulings that went both ways politically. In attendance at Tuesday’s State of the Union address were retired Supreme Court Justice Stephen Breyer, Justice Elena Kagan, retired Justice Anthony Kennedy and Chief Justice John Roberts.

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