Supreme Court Justice Ketanji Brown Jackson's recent appearance in a Broadway show has sparked controversy.
According to Fox News, Her role in the LGBTQ+-themed play "& Juliet" coincided with a critical period for the Supreme Court as it deliberates on a transgender rights case.
Justice Jackson performed in "& Juliet," a modern adaptation of William Shakespeare’s "Romeo and Juliet." The twist in this rendition is Juliet’s decision to forge her life path rather than succumb to tragedy, enhancing the narrative with vibrant explorations of identity, including a nonbinary character named May.
This Broadway stint marked Jackson as the first Supreme Court justice to participate on the New York City Broadway stage, notably alongside TikTok sensation Charli D’Amelio. The show, which premiered on Broadway in November 2022, has been celebrated for its progressive themes but has also drawn criticism in light of Jackson’s involvement during an ongoing Supreme Court case concerning transgender rights.
The equity of Justice Jackson's involvement was pointedly criticized by Thomas Jipping, a legal expert from the Heritage Foundation. Jipping expressed concern over the impact this might have on public perception of judicial impartiality, particularly amidst the judicial proceedings of United States v. Skrmetti, which focuses on transgender surgical procedures for minors.
Thomas Jipping argued that Justice Jackson’s participation might lean towards advocacy, potentially jeopardizing the perceived neutrality required of a judge.
Thomas Jipping stated, "It is a grave error for members of the federal judiciary to participate in activities that seemingly endorse particular ideological stances on issues before them. This behavior likely threatens both real and perceived impartiality and may indeed cross the lines laid down by the judicial code of conduct."
"& Juliet" has earned praise for contributing to modern storytelling by layering classical narratives with contemporary issues. Playwright David West Read, celebrated for his work on the popular TV series "Schitt’s Creek," brought the production to life.
The musical debuted in London at the Shaftesbury Theatre in November 2019 before crossing the Atlantic to New York City's Stephen Sondheim Theatre. Its bold reinterpretation of Shakespeare’s work integrates LGBTQ+ themes, which has further amplified discussions surrounding Jackson’s role in it.
The critique of Justice Jackson's actions comes amidst broader debates over the ethics of Supreme Court justices’ extrajudicial activities. Previous justices, including Antonin Scalia and Ruth Bader Ginsburg, also engaged with the performing arts, though their activities rarely garnered similar scrutiny.
The "& Juliet" promotional team acclaimed Justice Jackson’s Broadway appearance, noting on Instagram: "Jackson’s performance fulfilled a lifelong fantasy of her 'becoming the first Black, female Supreme Court justice to appear on a Broadway stage.'"
As reactions pour in, the divide sharpens between those who view Justice Jackson's Broadway debut as a milestone for artistic engagement and those who perceive it as a potential lapse in judicial decorum. The Supreme Court has not provided comments despite inquiries from the press.
Ultimately, this incident opens up larger conversations about the balance between a justice’s interests and their professional responsibilities, especially when the public’s trust in judicial impartiality is at stake. As the debate unfolds, all eyes will remain fixed on how it might influence eventual rulings in the ongoing case of United States v. Skrmetti, anticipated to conclude by July 2025.
