Simply days after Supreme Court Justice Ketanji Brown Jackson appeared in a “queer” Broadway spinoff of “Romeo and Juliet,” critics are questioning whether or not her involvement might compromise her impartiality because the court docket considers a landmark case about banning transgender surgical procedures for minors.
“I feel it is an enormous mistake for federal judges, particularly Supreme Courtroom justices, to interact in actions that clearly put the stamp of approval on an ideological place relating to points that would come earlier than the court docket, which is virtually the definition of a menace to their impartiality, the looks of impropriety,” Heritage Basis senior authorized counsel Thomas Jipping instructed Fox Information Digital in an interview.
“It is uncommon for judges to do that type of factor underneath any circumstances. However I suppose if this was ‘Romeo and Juliet,’ if this was some acknowledged, established basic or one thing, it is perhaps completely different. However that is clearly an advocacy manufacturing, so for a Supreme Courtroom justice to take part in advocacy on a difficulty that’s presently within the courts, and a minimum of broadly talking, earlier than her, I feel it is an enormous mistake,” he mentioned.
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The musical, referred to as “& Juliet,” options outstanding LGBTQ+ themes and nonbinary characters. The musical begins the place Shakespeare’s authentic ends. As an alternative 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 best love story ever instructed.”
Juliet’s greatest buddy, Might, is a nonbinary character whose queer relationship is prominently featured and explored all through the musical.
Jackson joined the Broadway forged, 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, changing into the primary Supreme Courtroom justice to carry out on Broadway.
“& Juliet” was written by David West Learn, greatest 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 City.
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Activists protest exterior the U.S. Supreme Courtroom earlier than the beginning of the USA v. Skrmetti case on Dec. 4, 2024. (Invoice Clark/CQ-Roll Name, Inc through Getty Photographs)
Liberals have criticized a number of conservative Supreme Courtroom justices in recent times over moral considerations, 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 court docket, 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 2, three years now, liberals have been complaining about actions by Supreme Courtroom justices that they are saying undermine the general public’s confidence within the impartiality of the judiciary,” Jipping mentioned. “Liberals in Congress need an enforceable code of conduct. I’m wondering what they are saying about this.”
“Collaborating in an advocacy, in an train of advocacy, for a place on points that come earlier than the Supreme Courtroom is an egregious violation of that precept within the code of conduct relating to impartiality. I do not assume there’s any query about that,” he mentioned.
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, “Feminine empowerment, sick!,” and in one other, she sings the Backstreet Boys’ “Present Me the Which means of Being Lonely.”
The “& Juliet” advertising and marketing workforce mentioned in an Instagram publish saying the cameo that Jackson’s efficiency fulfilled a lifelong fantasy of her “changing into the primary Black, feminine Supreme Courtroom justice to seem on a Broadway stage.”
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Supreme Courtroom Justice Ketanji Brown Jackson had a walk-on function in Broadway’s “& Juliet.” (Tasos Katopodis/Getty Photographs for The Atlantic | Bruce Glikas/WireImage)
“She ought to keep on her aspect of the bench, and judges ought to shield their impartiality and the looks of impartiality extra, not much less. And this, this was actually reckless, in my opinion,” Jipping added.
This isn’t the primary time a Supreme Courtroom 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 court docket’s resolution might have sweeping implications, doubtlessly shaping future authorized battles over transgender points, similar to entry to bogs and faculty sports activities participation. The court will resume arguments in January and a choice is anticipated by July 2025.
The Supreme Courtroom’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.
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