Breastplates, Robes, Bibles: The Supreme Court and the Inauguration

Top members of the three branches of government will gather in a rare display of national unity and tradition when the president and vice president are sworn in at their inauguration on Monday. An integral part of the ceremonies will be the swearing in of the recruit and possibly funny hats.

Chief Justice John Roberts and Judge Brett Kavanagh continue nearly 240-year tradition of swearing-in President-elect Trump and his number 2, JD Vance. The remaining seven members of the high court are expected to attend the event in the Capitol Rotunda, all wearing their judicial robes.

Whatever political differences there may be, they will certainly not be on display at this most cordial and dignified ceremony. After all, the first person the president will thank will likely be the chief justice. But the hidden current of tension remains.

During his first run for the high office in 2016, candidate Trump took the unusual step of attacking a member of the federal judiciary, calling Roberts an “absolute disaster” among other personal insults. This will be Schiff’s fifth presidential inauguration, the second with Trump.

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Kavanaugh’s choice is no surprise: New second lady Usha Vance worked for Kavanaugh when he was a judge on the US Court of Appeals in Washington.

She then moved on to a prestigious Supreme Court legal position with Roberts. Sources say Cavanaugh made a particularly strong recommendation for Usha Vance’s job to his now bench colleague.

In an August interview on “Fox and Friends,” Usha Vance said Kavanagh was “such a good boss” and a “decent person” who “hired people from across the political spectrum.”

“My experience with him has been exceptionally positive,” she added.

Sandra Day O’Connor, Ruth Bader Ginsburg and Clarence Thomas are among recent justices who have administered similar vice presidential oaths.

While the chief justices usually swear in the president, the duties of the vice president are carried out by a wider range of officials. Then-Speaker of the House Dennis Hastert swore in Vice President Dick Cheney in 2005.

Thomas did the honor when Mike Pence was sworn in in 2017 as Trump’s first-term vice president.

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Justice has been served

Article VI of the Constitution requires that executive officers, including the president, as well as members of Congress and federal judges, “be bound by oath or affirmation,” but nothing requires a Supreme Court justice to do so. When it comes to presidential inaugurations, they just have, more often than not.

When George Washington took his first oath in 1789, the Supreme Court had not yet been formed, so New York’s highest-ranking judge performed the honors in Federal Hall on Wall Street. Four years later, Associate Justice William Cushing was sworn in to a second term in Washington, beginning a Supreme Court tradition.

Early swearing-ins were usually held in the chamber of the House of Representatives or the Senate. In 1817, the inauguration took place outdoors for the first time, when James Monroe was sworn in in front of the Old Brick Capitol, where the legislature temporarily met after the original Capitol was burned by invading British troops during the War of 1812. Oath of Monroe site is now busy Supreme Courtwhich opened its building in 1935.

The man who fulfilled these duties more than 200 years ago was John Marshall, widely recognized as the most influential Chief Justice in US history. He participated in a record nine swearing-ins, from Thomas Jefferson to Andrew Jackson. It will be Roberts’ fifth.

The Constitution specifies the exact language to be used in the 34-word oath: “I do solemnly swear (or affirm) that I will faithfully perform the duties of President of the United States, and to do so to the best of my ability, to preserve, protect, and defend the Constitution of the United States.”

Many judges cling to four little words: “God help me.” It is not required by law or constitution, unlike other federal oaths that refer to the words as standard procedure. Historians debate whether President Washington set a precedent by adding the phrase himself during his first adoption, but contemporary accounts make no mention of such an ad hominem.

Abraham Lincoln reportedly said it spontaneously in 1861, and other presidents over the years followed suit. Traditionally, a Bible is used, on which the president places one hand and raises the other during the oath.

The 16th president and Chief Justice Roger Taney shared a mutual dislike. When the oath was taken a few days before the outbreak of the Civil War, many of those present at the ceremony noticed that both men showed each other a frosty demeanor befitting a late winter frost. Several historians have said that later that year, Lincoln secretly issued a warrant for Taney’s arrest in an attempt to block the president’s suspension of habeas corpus during the conflict. The warrant was never served.

President Barack Obama used the Lincoln Bible for his two oaths.

Trump is expected to use the Lincoln Bible and the family Bible again.

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Getting it is a right

Roberts, while taking his first presidential oath of office in 2009, deviated slightly from the text, leading to its re-introduction for defensive purposes the next day during a private ceremony at the White House.

Those January 20 ceremonies at the Capitol also ran long, so that the presidential oath was not completed until five minutes to noon. However, Obama, in accordance with the 20th Amendment, officially took office at noon.

At the time, California atheist Michael Newdow objected and went to federal court to prevent Roberts from forcing Obama to repeat the phrase “God help me.” Newdow, along with several non-religious groups, argued that the words violated the constitutional ban on government “endorsement” of religion.

The High Court ultimately dismissed the suit and no such challenges are expected this time around.

Four years later, Justice Sonia Sotomayor swore Biden in for a second term as vice president in 2013. Vice President Harris asked her to do the honor again, with the first female vice president citing that both women had once served as state attorneys.

Pence used family bible of the late President Ronald Reagan, telling Fox News at the time, “It’s very humbling for me. We approach this prayerfully, but with deep, deep gratitude to the president-elect for his trust and deep gratitude to the American people.”

Trump also broke with tradition by not attending the swearing-in of his successor four years ago.

Lyndon Johnson’s inauguration in 1965 marked a change in tradition. His wife, Claudia, known as Lady Bird, held the Bible formerly handled by the Clerk of the High Court. The couple has since held the honor, and Melania Trump and Usha Vance are expected to continue in the role.

Let’s hope the nerves don’t lead to a repeat of the fool of 1941, when then-Clerk Elmore Cropley released a Bible right after Franklin Roosevelt was sworn in at the start of his third term as president.

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What to wear, what to say

It is usually not difficult to spot the judges during the inauguration, who are usually fenced off from the general public in a closed court. They are announced as a group, arrive in black robes – usually covering bulky winter coats – and are given prominent positions on a purpose-built platform on the west front of the Capitol.

Before Marshall took the court in 1801, judges wore red fur-trimmed robes and white wigs in all public places. His practice of wearing a simple black silk robe without a wig remains the American court standard.

And if there’s any doubt about their identity, look for some unusual headgear some judges may be sporting. The large black “tubeteiki” are brimless and can be made of wool, silk or even nylon. Perhaps to avoid looking like Jewish yarmulkes, the hats are usually folded up, which one federal judge privately told Fox News makes him look like he’s wearing a dirty napkin.

With this year’s Inauguration Ceremony being held indoors due to the expected cold weather, beanies may be an afterthought.

They have been in British courts since the 16th century, and at least a century into the USA. They are worn only by judges, and only at official ceremonies, not in court.

Official records on headgear are hazy, but Chief Justice Edward White proudly wore one in 1913 when Woodrow Wilson became president. The “skull cap era” reached its peak in 1961, when seven of the nine justices wore them at the chilly inauguration of President John F. Kennedy.

The last time only retired Justice Stephen Breyer had the courage to wear it, though Thomas, Anthony Kennedy and the late Antonin Scalia have worn them before. None of the six current or former female judges have ever used them.

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A few years ago, Scalia told the public why he preferred skullcaps. “If you’ve ever seen an inauguration, you’ll see me in the old hats that the judges used to wear. It’s a funny looking hat, but it’s a tradition. Yes, it’s stupid.’

Scalia’s headdress was a replica of St. Thomas More’s headdress, a gift from the Society of St. Thomas More of Richmond, Virginia

The late Chief Justice William Rehnquist also had them, which is not surprising given his role as the unofficial historian of judicial procedures and traditions.

He gave one of the most dramatic inauguration speeches in history while suffering from thyroid cancer in 2005. There was speculation that he was too ill to attend, but he assured officials he would be there and kept his word.

After three months out of the public eye while he received chemotherapy, the ailing 81-year-old boss was introduced to the public shortly before President George Bush was to take an oath. Using a cane, Rehnquist walked slowly to the podium unaided — wearing a dark baseball cap — and did the honors. His voice was clear, but hoarse because of the trachea tube in his throat, hidden by a scarf.

Afterward, Rehnquist wished Bush good luck and was quickly ushered out of the cold.

Rehnquist also inaugurated President Bill Clinton eight years ago. Unbeknownst to either Clinton or the public, the justices had held a secret ballot in Clinton v. Jones days earlier. Their ruling said the president could not refuse to testify in the ongoing civil suit against him by Paula Jones, who has accused him of sexual harassment. This set off a series of events that led to the 1999 Clinton impeachment trial in the US Senate, presided over by a hatless Rehnquist himself.