Justice Jackson’s role in ‘queer’ Broadway show ‘truly reckless’ as court weighs cases: legal expert

Just days after Supreme Court Justice Ketanji Brown Jackson appeared in the Broadway spinoff “Romeo and Juliet,” critics are questioning whether her involvement could jeopardize her impartiality as the court considers a landmark case over banning transgender surgery procedures.

“I think it’s a big mistake for federal judges, especially Supreme Court justices, to do jobs that clearly put a stamp of approval on issues that might come before the court, which is the definition of a threat to their government. Impartiality, the appearance of impropriety,” Heritage Foundation senior legal counsel Thomas Jipping told Fox News. Digital in conversation.

“It’s unusual for judges to do this kind of thing under any circumstances. But I think if this was ‘Romeo and Juliet,’ if this was a well-known classic, established or something, it might be different. But this is clearly a production of advocacy, so that the justice of the Supreme Court is involved in speaking in the case that is in the courts right now, and at least if we talk in detail, in front of him, I think it is a big mistake,” he said.

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The musical, called “& Juliet,” features prominent LGBTQ+ themes and non-binary characters. Music begins where Shakespeare ends. Instead of dying by suicide for love, Juliet chooses to forge her own path, challenging traditional gender roles. On its website, “&Juliet” is described as a “thrilling new musical” that “explores the script of the greatest love story ever told.”

Juliet’s best friend, May, is a non-binary character whose criminal connections are highlighted and explored throughout the musical.

Jackson joined the Broadway cast, including the TikTok star Charli D’Amelio and other Broadway actors, in a one-time performance at New York’s Stephen Sondheim Theater on Saturday night, became the first Supreme Court justice to perform on Broadway.

“& Juliet” was written by David West Read, best known for his work as the writer and producer of the TV show “Schitt’s Creek.” The musical premiered in November 2019, at the Shaftesbury Theater in London’s West End. Its 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 United States v. Skrmetti on Dec. 4, 2024. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

Liberals have criticized a number of conservative Supreme Court justices in recent years over ethics concerns, fueling calls for stricter oversight.

Justice Clarence Thomas has faced scrutiny for his wife’s political activism. Justice Samuel Alito has been criticized for failing to disclose luxury travel funded by wealthy corporate donors in front of the court, while Justice Amy Coney Barrett has drawn attention to her ties to religious groups and their potential influence on cases involving LGBTQ+ issues and abortion. Justice Brett Kavanaugh has also faced criticism over his confirmation process and past financial disclosures.

“For two, three years now, liberals have been complaining about the actions of Supreme Court judges that they say undermine public confidence in judicial impartiality,” said Jipping. “Liberals in Congress want a law of conduct that can be used. I wonder what they have to say about this.”

“Participating in speaking, using speaking, instead of matters that come before the Supreme Court is a serious violation of that principle in the code of conduct regarding impartiality. I don’t think there is a question about that,” he said.

Jackson wore jeans and a blue dress with a corset and flowered hat. In one clip of the game posted by the social media account, her character happily exclaims, “Feminine empowerment, sick!,” and in another, she sings the Backstreet Boys’ song “Show Me the Meaning of Being Lonely.”

The marketing team for “&Juliet” said in an Instagram post announcing the cameo that Jackson’s performance fulfilled a lifelong dream of “becoming the first black, female Supreme Court justice to appear on the court. A wide stage.”

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Supreme Court Justice Ketanji Brown Jackson had a recurring role in Broadway’s “&Juliet.” (Tasos Katopodis/Getty Images for The Atlantic | Bruce Glikas/WireImage)

“He should stay on his side of the bench, and the judges should protect their impartiality and the appearance of impartiality more, not less. And this, this was really reckless, in my opinion,” added Jipping.

This is not the first time that a Supreme Court justice has stepped into the limelight of the performing arts. In 1994, Justice Antonin Scalia and Ruth Bader Ginsburg appeared as supernumeraries – non-speaking, background roles – in the Washington National Opera’s production of “Ariadne auf Naxos.”

The two, known for their ideological differences but close personal friendship, shared a love of opera.

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Earlier this month, SCOTUS heard oral arguments in US v. Skrmetti. The court’s decision could have far-reaching implications, potentially shaping future legal battles over gender-related issues, such as access to bathrooms and participation in school sports. The court will resume arguments in January and a decision is expected in 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.