Ginsburg jokingly blamed Justice Kennedy for bringing some "very fine California wine" that she couldn't resist, which resulted in her later nodding off during the speech, which was captured on camera.
Supreme Court Justice Ruth Bader “wasn’t 100 percent sober” at the president’s State of the Union address last month when she fell asleep in the middle of it.
The 81-year-old justice said on Thursday that she was having wine with dinner before attending the speech, which is why the cameras caught her nodding off several times, and blamed Justice Anthony Kennedy for bringing some “very fine California wine” that she wasn’t able to resist, according to an Associated Press report.
Ginsburg said during a joint appearance with Justice Antonin Scalia at George Washington University that while the audience was for the most part awake because they were moving up and down during parts of the speech, the justice had to sit there “stone-faced” — which made it difficult to stay awake as she wasn’t “100 percent sober,” she said to laughter and applause from the crowd.
Ginsburg said it’s not the first time she’s dozed off during the speech, and that she tried to stick to sparkling water and avoid the wine, but was unsuccessful.
“The dinner was so delicious it needed wine,” she said, according to the report.
In the past, former Justice David Souter would keep an eye on her, which helped, she said. Souter would “give me a pinch” when she was about to drink too much, but “now I have Justice Kennedy on one side and Justice (Stephen) Breyer, and they are sort of timid about that thing,” she quipped.
One of her granddaughters called her after the speech to tell her that they saw her sleeping during the address, Ginsburg said.
Scalia, who typically skips the State of the Union address, joked that it “serves you right for going.”
Scalia has called the annual address a “childish spectacle,” and that he stopped going years ago.
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