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Etiquette at the State of the Union

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Orin Kerr says:

    My recollection is that Harlan declined to vote not as a “sign” of judicial neutrality but rather to help keep him as neutral as possible: By not voting, he was less likely to feel invested in the success or failure of any particular President or party. It was a way of keeping himself mentally as neutral as he could.

  2. Gerard Magliocca says:

    I wonder if people outside of the Court knew of Harlan’s policy while he was there. If so, then maybe it was partly meant to send a message. If not, then your interpretation must be right. Maybe more judges should follow his example.

  3. Jason Mazzone says:

    Todd Peppers and Micheal Giles have a paper on the justices attending the state of the union. They are not certain about the origin of the justice-as-passive-observer norm but they think it began with the Warren Court. The paper is here: http://polisci.emory.edu/home/assets/documents/papers/The_Supreme_Court_and_the_State_of_the_Union_Peppers_3_Version_January_16_2012.pdf

  4. Mamption says:

    It depends on the country’s law and rules. I think justices should not vole as there are a number of facts related to this.

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