Just days after Supreme Court Justice Ketanji Brown Jackson appeared in a “queer” Broadway spinoff of “Romeo and Juliet”, critics are questioning whether her involvement could compromise her impartiality as the court considers a landmark case about banning transgender surgical procedures for minors.
Heritage Foundation senior legal counsel Thomas Jipping expressed his concerns, stating that “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 musical, “& Juliet”, features prominent LGBTQ+ themes and nonbinary characters, and Jackson’s appearance was seen as an endorsement of the show’s message. Critics argue that her involvement could create the appearance of bias and undermine the public’s confidence in the judiciary.
Jipping also noted that the production is not a traditional, established work, but rather an advocacy production, which makes the situation even more concerning. “I think it’s a huge mistake 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,” he said.
The Supreme Court will resume arguments in January and a decision is expected by July 2025 in the U.S. v. Skrmetti case, which could have sweeping implications for transgender issues, including access to bathrooms and school sports participation.