A legal expert has criticized Justice Jackson's involvement in a Broadway show featuring LGBTQ+ themes as "really reckless" as the court considers a transgender case.

A legal expert stated that it is rare for judges to perform this specific action under any circumstances.

A legal expert has criticized Justice Jackson's involvement in a Broadway show featuring LGBTQ+ themes as "really reckless" as the court considers a transgender case.
A legal expert has criticized Justice Jackson's involvement in a Broadway show featuring LGBTQ+ themes as "really reckless" as the court considers a transgender case.

Critics are questioning whether Supreme Court Justice Ketanji Brown Jackson's involvement in a "queer" Broadway spinoff of "Romeo and Juliet" could compromise her impartiality as the court considers a landmark case about banning transgender surgical procedures for minors.

Thomas Jipping, senior legal counsel at the Heritage Foundation, stated in an interview with Planet Chronicle Digital that federal judges, particularly Supreme Court justices, committing activities that endorse an ideological stance on issues that may come before the court is a significant error, as it jeopardizes their impartiality and the perception of impropriety.

A Supreme Court justice participating in advocacy on an issue currently in the courts, and at least broadly speaking, before her, is a huge mistake, especially if it's an advocacy production. However, if it were a recognized, established classic like "Romeo and Juliet," it might be different.

Ketanji Brown Jackson performing on broadway
(@AndJulietBway/X)

& Juliet," a musical adaptation of Shakespeare's classic play, explores LGBTQ+ themes and nonbinary characters. The musical starts where the original ends, but instead of dying for love, Juliet decides to blaze her own trail and challenge traditional gender norms. The show's website describes it as a "funny new musical" that "reimagines the most famous love story in history.

May, a nonbinary character and Juliet's best friend, has a queer relationship that is prominently featured and explored throughout the musical.

On Saturday night, at New York's Stephen Sondheim Theatre, Jackson became the first Supreme Court justice to join the Broadway cast, which includes TikTok star Charli D’Amelio and other performers, for a one-time performance.

Justice Brown on stage in play
(@AndJulietBway/X)

David West Read, known for his work on "Schitt's Creek," wrote "& Juliet," which premiered in London's West End in November 2019 and later debuted on Broadway at the Stephen Sondheim Theatre in November 2022.

demonstrator with pro-trans signs outside Supreme Court
Activists protest outside the U.S. Supreme Court before the start of the United States v. Skrmetti case on Dec. 4, 2024. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

In recent years, conservative Supreme Court justices have faced criticism from liberals over ethical concerns, prompting demands for greater scrutiny.

The five Supreme Court justices, namely Clarence Thomas, Samuel Alito, Amy Coney Barrett, Brett Kavanaugh, and Sonia Sotomayor, have faced scrutiny and criticism for various reasons.

"Liberals have been complaining about Supreme Court justices' actions for two to three years, claiming they undermine public trust in judicial impartiality. Now, Congress wants an enforceable code of conduct. What do they say about this?"

Engaging in advocacy for a stance on matters before the Supreme Court is a clear violation of the impartiality principle in the code of conduct.

In a performance, Jackson wore jeans and a blue costume with a corset and a flowery hat. A clip from the production's social media account shows her character exclaiming, "Female empowerment, sick!" and singing the Backstreet Boys' "Show Me the Meaning of Being Lonely."

The "& Juliet" marketing team announced on Instagram that Jackson's cameo fulfilled a lifelong fantasy of becoming the first Black, female Supreme Court justice to appear on a Broadway stage.

Ketanji Brown Jackson on Broadway
Supreme Court Justice Ketanji Brown Jackson had a walk-on role in Broadway's "& Juliet." (Tasos Katopodis/Getty Images for The Atlantic | Bruce Glikas/WireImage)

In my view, Jipping added, it was reckless for her to stay on her side of the bench, and for judges to protect their impartiality and the appearance of impartiality less, not more.

A Supreme Court justice has previously appeared in a performing arts production, specifically in 1994 when Justices Antonin Scalia and Ruth Bader Ginsburg were supernumeraries in a Washington National Opera production of "Ariadne auf Naxos."

Despite their differing ideologies, the two friends bonded over their shared love for opera.

In the U.S. v. Skrmetti case, SCOTUS heard oral arguments earlier this month. The court's decision could have far-reaching consequences, possibly influencing future legal disputes over transgender rights, including access to restrooms and school sports participation. The court will continue arguments in January, and a decision is anticipated by July 2025.

The Supreme Court's press office did not respond to Planet Chronicle Digital's request by the deadline.

Planet Chronicle Digital's Peter Pinedo contributed to this report.

by Jamie Joseph

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