Etiquette at the State of the Union
I’m curious if anyone knows the answer to the following question. By tradition the Justices who attend presidential speeches to a Joint Session of Congress do not applaud (or, at least, rarely do) as a sign of judicial neutrality. When did this custom get started? Who was the Justice who first decided that this was the appropriate practice?
Here’s a related point. Justice John Marshall Harlan (the younger) took the position that Justices should not vote in elections as a sign of judicial neutrality. This norm, though, never caught on (at least as far as I know). Why?