Questions about the ethical nature of a Supreme Court Justice taking part in what could be seen as a partisan event, as the court is expected to deliberate a related case in the near future, as was pointed out during an interview on Fox News.
After appearing in a Broadway spinoff of "Romeo and Juliet," critics question Justice Ketanji Brown Jackson's impartiality in a landmark case regarding minors' transgender surgical procedures.
Justice served. pic.twitter.com/DeeYRvxQum
— & Juliet Broadway (@AndJulietBway) December 16, 2024
"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 Foundation senior legal counsel Thomas Jipping told Fox News Digital in an interview.
"The expert went on to lay out why this was outside of the rhelm of the approrpiate "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 said.
The musical, which is called "& Juliet," includes strong LGBTQ+ themes as well as characters who do not hold a binary gender. In the same place where Shakespeare's original finishes, the musical begins.
It is said on the website of the company that "& Juliet" is a "hilarious new musical" that "flips the script on the greatest love story ever told."
Instead of taking her own life out of love, Juliet decides to make her own path, which is a shown as a risky move because it challenges the conventional gender roles.
In the musical, the character May, who is Juliet's best friend, is a character whose LGBTQ relationship is heavily portrayed and explored throughout the whole production.
Jackson became the first Supreme Court justice to play on Broadway when he joined the Broadway company for a one-time performance at New York's Stephen Sondheim Theatre on Saturday night.
Other Broadway artists, including TikTok sensation Charli D'Amelio, were also a part of the Broadway cast.
David West Read, who is best known for his work as a writer and producer on the television show "Schitt's Creek," is the author of the song "& Juliet."
While Justice Amy Coney Barrett has attracted attention for her ties to religious groups and their potential influence on cases involving LGBTQ+ issues, Justice Samuel Alito has come under fire for failing to disclose luxury trips funded by wealthy donors with business before the court.
There has been intense scrutiny directed toward Justice Clarence Thomas because of his wife's political activism. Additionally, Justice Brett Kavanaugh has encountered criticism regarding his confirmation process and prior financial 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 said. "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 said.
