If Ruth Bader Ginsburg watches President Trump’s address to Congress, she will do so in absentia, The Daily News reports.
The longtime liberal justice will be missing from the ranks of Supreme Court attendees at the speech Tuesday night, a spokeswoman confirmed to Bloomberg.
Justice Samuel Alito, who stopped attending Barack Obama’s State of the Union speeches after his criticism of the Court’s Citizens United decision, will continue his practice under Trump.
His choice to find other entertainment came after he was captured on camera mouthing “not true” when Obama spoke about the campaign finance ruling.
Alito’s conservative colleague Clarence Thomas, who last attended for Obama’s 2009 address, will also skip.
Thomas has criticized the event, where lawmakers take turns standing or sitting for various lines from the president, as too partisan.
The late justice Antonin Scalia also missed Obama’s last State of the Union, about a month before his death, though his widow Maurren McCarthy Scalia was invited by Trump to Tuesday’s address.
Ginsburg, a Bill Clinton appointee who attended all of Obama’s speeches, also did not attend George W. Bush’s State of the Unions.
Her relationship to Trump is particularly acrimonious, though, after she went against a longstanding tradition for justices not to comment on elections and criticized him during his campaign.
She later apologized for saying that Trump is a “faker” who “says whatever comes into his head at the moment.”
However, Trump used the controversy to call for Ginsburg’s resignation, saying she had “embarrassed all by making very dumb political statements about me.”