The Supreme Court’s Tradition of a “Judicial Handshake”

 Based in New York, Brian Stryker Weinstein maintains a law practice focused on high-profile litigation cases. An area of personal knowledge for Brian Stryker Weinstein is the US Supreme Court and its history and traditions.

Dating back to the late 19th century and Chief Justice Melville W. Fuller, one persistent tradition in the courtroom is the “judicial handshake.” This involves shaking hands with each of the other eight justices when assembling to sit on the bench each day and when about to start private conferences at which decisions are discussed. This practice was instituted as a daily reminder of “harmony of purpose,” even in cases where the justices’ individual interpretations of the law differed.

Allowing for differences of opinion is a central part of a well-functioning democracy and enshrined in the actual practices of the Supreme Court. For practical reasons, as the need to minimize social interactions took hold during the COVID-19 pandemic, justices temporarily paused this tradition in March 2020. However, the tradition has since been reinstated and continues to this day.