Fox News has learned that six Supreme Court justices are planning to attend tonight's State of the Union.

A court spokeswoman was unable to identify the justices who will attend but Fox has already reported that Justice Samuel Alito, who is in Hawaii, will not attend.

Justice Antonin Scalia told a reporter last night that he will not show.

Fox has been led to believe that the other justice who will not attend tonight's speech is Clarence Thomas who in the weeks after last year's speech cited the partisan atmosphere as why he begs off.

It's noteworthy that Chief Justice John Roberts will attend even though he echoed similar criticisms in the wake of last year's controversial speech in which President Obama blasted the high court's ruling in a campaign finance case.

For more background on the intrigue behind whether the justices will attend the controversy from last year's speech click here.