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only days after the Supreme Court Judge Ketanji Brown Jackson appeared in ‘weird’ Broadway spin-off of ‘Romeo and Juliet’, critics question whether her involvement could compromise her impartiality as court considers landmark case over ban on surgical procedures transgender for minors.
“I think it’s a big mistake for federal judges, especially Supreme Court justices, to engage in activities that clearly stamp an ideological position on issues that might come before the court, which is pretty much the definition of of a threat to their impartiality, the appearance of impropriety,” Heritage Foundation senior counsel Thomas Jipping told Fox News Digital in an interview.
“It’s unusual for the judges to do this kind of thing under any circumstances. But I guess if this was “Romeo and Juliet,” if this was some recognized, established classic or something, it might be different. But obviously this is a production of advocacy, so for a Supreme Court justice to be involved in advocacy on an issue that is currently before the courts, and at least broadly, before her, I think it’s a big mistake,” he said.
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The musical, called “& Juliet,” features prominent LGBTQ+ themes and non-binary characters. The musical picks up where Shakespeare’s original ends. Instead of killing herself for love, Juliet decides to forge her own path, defying traditional gender roles. On its website, “& Juliet” is described as a “hilarious new musical” that “turns the script into the greatest love story ever told.”
Juliet’s best friend May is a non-binary character whose queer relationship is highlighted and explored throughout the musical.
Jackson joined the Broadway cast, which includes the TikTok star Charlie D’Amelio and other Broadway performers, for a one-off performance at New York’s Stephen Sondheim Theater on Saturday night, becoming the first Supreme Court justice to perform on Broadway.
“& Juliet” was written by David West Read, best known for his work as a writer and producer on the television show “Schitt’s Creek.” The musical opened in November 2019 at the Shaftesbury Theater in London’s West End. His Broadway debut followed in November 2022, at the Stephen Sondheim Theater in New York City.
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Activists protest outside the US Supreme Court ahead of the start of the US case against Skrmetti on December 4, 2024. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
Liberals have criticized several conservative Supreme Court justices in recent years over ethics concerns, fueling calls for tighter oversight.
Justice Clarence Thomas has faced scrutiny for his wife’s political activism. Justice Samuel Alito has come under fire for failing to disclose luxury trips funded by wealthy donors with business before the court, while Justice Amy Coney Barrett has drawn attention for his ties to religious groups and his potential influence in related cases with LGBTQ+ issues and abortion. Judge Brett Kavanaugh has also faced criticism for his confirmation process and past financial disclosures.
“For the past two or three years, liberals have been complaining about actions by Supreme Court justices that they say undermine public confidence in the impartiality of the judiciary” Jipping said. “Liberals in Congress want an enforceable code of conduct. I wonder what they say about that.”
“Participating in advocacy, in the practice of law, for a position on issues that come before the Supreme Court is a flagrant violation of that principle of the code of conduct about impartiality. I don’t think there’s any doubt about that.” , he added. he said
Jackson wore jeans and an all-blue costume with a corset and flowery hat. In a clip from the performance posted by the production’s social media account, her character excitedly exclaims, “Female empowerment, sick!”, and in another, she sings “Show Me the Meaning of Being Lonely” by the Backstreet Boys.
The “& Juliet” marketing team said in an Instagram post announcing the cameo that Jackson’s performance fulfilled a lifelong fantasy of “becoming the first black, female judge of the Supreme Court to appear in a Broadway stage.”
Supreme Court Justice Ketanji Brown Jackson had an opening role in Broadway’s “& Juliet.” (Tasos Katopodis/Getty Images for The Atlantic | Bruce Glikas/WireImage)
“She should stay on her side of the bench, and the judges should protect her impartiality and the appearance of impartiality more, not less. And that, that, in my opinion, was really unwise,” he add Jipping.
It is not the first time that a Supreme Court judge has put himself in the spotlight of the performing arts. In 1994, Justices Antonin Scalia and Ruth Bader Ginsburg appeared as supernumeraries, non-speaking background roles, in a Washington National Opera production of Ariadne auf Naxos.
The two, known for their ideological differences but for a close personal friendship, shared a love of opera.
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Earlier this month, SCOTUS heard oral arguments in the US v. Skrmetti case. The court’s decision could have sweeping consequences, potentially shaping future legal battles over transgender issues such as access to bathrooms and participation in school sports. the court will resume discussions in January and a decision is expected by July 2025.
The Supreme Court’s press office did not respond to Fox News Digital’s request by press deadline.
Fox News Digital’s Peter Pinedo contributed to this report.
