Simply days after Supreme Court docket Justice Ketanji Brown Jackson appeared in a “queer” Broadway spinoff of “Romeo and Juliet,” critics are questioning whether or not her involvement may compromise her impartiality because the courtroom considers a landmark case about banning transgender surgical procedures for minors.
“I think it’s a huge mistake for federal judges, especially Supreme Court justices, to engage in activities that clearly put the stamp of approval on an ideological position regarding issues that could come before the court, which is practically the definition of a threat to their impartiality, the appearance of impropriety,” Heritage Basis senior authorized counsel Thomas Jipping advised Fox Information Digital in an interview.
“It’s unusual for judges to do this sort of thing under any circumstances. But I suppose if this was ‘Romeo and Juliet,’ if this was some recognized, established classic or something, it might be different. But this is obviously an advocacy production, so for a Supreme Court justice to participate in advocacy on an issue that is currently in the courts, and at least broadly speaking, before her, I think it’s a huge mistake,” he stated.
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The musical, known as “& Juliet,” options distinguished LGBTQ+ themes and nonbinary characters. The musical begins the place Shakespeare’s unique ends. As a substitute of dying by suicide for love, Juliet chooses to forge her personal path, difficult conventional gender roles. On its web site, “& Juliet” is described as a “hilarious new musical” that “flips the script on the greatest love story ever told.”
Juliet’s finest buddy, Might, is a nonbinary character whose queer relationship is prominently featured and explored all through the musical.
Jackson joined the Broadway solid, which incorporates TikTok star Charli D’Amelio and different Broadway performers, for a one-time efficiency at New York’s Stephen Sondheim Theatre on Saturday evening, turning into the primary Supreme Court docket justice to carry out on Broadway.
“& Juliet” was written by David West Learn, finest recognized for his work as a author and producer on the TV present “Schitt’s Creek.” The musical premiered in November 2019, on the Shaftesbury Theatre in London’s West Finish. Its Broadway debut adopted in November 2022, on the Stephen Sondheim Theatre in New York Metropolis.
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Activists protest outdoors the U.S. Supreme Court docket earlier than the beginning of america v. Skrmetti case on Dec. 4, 2024. (Invoice Clark/CQ-Roll Name, Inc by way of Getty Photos)
Liberals have criticized a number of conservative Supreme Court docket justices in recent times over moral issues, fueling requires stricter oversight.
Justice Clarence Thomas has confronted scrutiny over his spouse’s political activism. Justice Samuel Alito has been criticized for failing to reveal luxurious journeys funded by rich donors with enterprise earlier than the courtroom, whereas Justice Amy Coney Barrett has drawn consideration for her ties to spiritual teams and their potential affect on instances involving LGBTQ+ points and abortion. Justice Brett Kavanaugh has additionally confronted criticism over his affirmation course of and previous monetary disclosures.
“For two, three years now, liberals have been complaining about actions by Supreme Court justices that they say undermine the public’s confidence in the impartiality of the judiciary,” Jipping stated. “Liberals in Congress want an enforceable code of conduct. I wonder what they say about this.”
“Participating in an advocacy, in an exercise of advocacy, for a position on issues that come before the Supreme Court is an egregious violation of that principle in the code of conduct regarding impartiality. I don’t think there’s any question about that,” he stated.
Jackson wore denims and an all-blue costume with a corset and a flowery hat. In a single clip of the efficiency posted by the manufacturing’s social media account, her character excitedly exclaims, “Female empowerment, sick!,” and in one other, she sings the Backstreet Boys’ “Show Me the Meaning of Being Lonely.”
The “& Juliet” advertising and marketing crew stated in an Instagram submit asserting the cameo that Jackson’s efficiency fulfilled a lifelong fantasy of her “turning into the primary Black, feminine Supreme Court docket justice to look on a Broadway stage.”
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Supreme Court docket Justice Ketanji Brown Jackson had a walk-on function in Broadway’s “& Juliet.” (Tasos Katopodis/Getty Photos for The Atlantic | Bruce Glikas/WireImage)
“She should stay on her side of the bench, and judges should protect their impartiality and the appearance of impartiality more, not less. And this, this was really reckless, in my view,” Jipping added.
This isn’t the primary time a Supreme Court docket justice has stepped into the highlight of the performing arts. In 1994, Justices Antonin Scalia and Ruth Bader Ginsburg appeared as supernumeraries – non-speaking, background roles – in a Washington Nationwide Opera manufacturing of “Ariadne auf Naxos.”
The 2, recognized for his or her ideological variations however shut private friendship, shared a love of opera.
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Earlier this month, SCOTUS heard oral arguments within the U.S. v. Skrmetti case. The courtroom’s choice may have sweeping implications, doubtlessly shaping future authorized battles over transgender points, similar to entry to loos and college sports activities participation. The courtroom will resume arguments in January and a choice is predicted by July 2025.
The Supreme Court docket’s press workplace didn’t reply to Fox Information Digital’s request by press deadline.
Fox Information Digital’s Peter Pinedo contributed to this report.
