Just days After the Supreme Court Judge Ketanji Brown-Jackson appeared in a “whimsical” Broadway rendition of “Romeo and Juliet,” and critics are questioning whether her participation could affect her integrity as the court considers a landmark case over bans on transgender surgeries for minors.
“I think it is a grave mistake for federal judges, especially Supreme Court justices, to engage in activities that clearly place a stamp of approval on an ideological position regarding issues that may come before the court, which is practically a definition of the threat they face.” “Integrity, the visibility of wrongdoing,” Thomas Gibbing, senior legal counsel for the Heritage Foundation, told Fox News Digital in an interview.
“It’s extraordinary For judges To do this kind of thing under any circumstances. But I suppose if this were “Romeo and Juliet,” if this were a well-known or established classic or something like that, it might be different. “But this is clearly a defense production, so for a Supreme Court judge to be involved in defending a case that is currently in the courts, and at least generally, before them, I think is a terrible mistake.”
The liberal Supreme Court justice gives a brilliant performance on Broadway

The musical titled “&Juliet” features prominent LGBTQ+ themes and non-binary characters. The musical begins where Shakespeare’s original ending ends. Rather than die by suicide for love, Juliet chooses to forge her own path, challenging traditional gender roles. And Juliet is described on its website as a “hilarious new musical” that “flips the script on the greatest love story ever told.”
Juliet’s best friend, May, is a non-binary character whose queer relationship is prominently featured and explored throughout the musical.
Jackson has joined the Broadway cast, which includes the TikTok star Charlie D’Amelio and other Broadway performers, for a one-time performance at New York’s Stephen Sondheim Theater on Saturday night, becoming the first Supreme Court justice to perform on Broadway.
& Juliet was written by David West Reed, best known for his work as a writer and producer on the television show Schitt’s Creek. The musical premiered in November 2019, at the Shaftesbury Theater in London’s West End. It premiered on Broadway in November 2022, at the Stephen Sondheim Theater in New York City.
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Activists protest outside the US Supreme Court before the start of the case United States v. Scrimetti on December 4, 2024. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
He criticized the liberals Several conservative Supreme Court justices have been dismissed in recent years due to ethical concerns, prompting calls for stricter oversight.
Judge Clarence Thomas faced scrutiny over his wife’s political activism. Justice Samuel Alito has been criticized for failing to disclose luxury trips funded by wealthy donors with business before the court, while Justice Amy Coney Barrett has drawn attention for her ties to religious groups and her potential influence in cases related to LGBTQ+ issues and abortion. Justice Brett Kavanaugh has also faced criticism over his confirmation process and past financial disclosures.
“For two or three years, liberals have been complaining about actions by Supreme Court justices that they say undermine public confidence in the impartiality of government. Judiciary“The liberals in Congress want an enforceable code of conduct,” Gibbing said. “I wonder what they say about this.”
“To engage in advocacy, in the exercise of advocacy, for a position on issues before the Supreme Court is a blatant violation of that principle in the Code of Conduct of impartiality. I don’t think there’s any question about that.” He said.
Jackson wore jeans and an all-blue outfit with a corset and flowery hat. In one clip of the show posted by the production’s social media account, her character excitedly chanted, “Female empowerment, sick!”, and in another, she sang the Backstreet Boys’ song “Show Me What It’s Like to Be Alone.”
Jackson’s performance fulfilled her lifelong dream of “becoming the first black Supreme Court justice to appear on television,” the “&Juliet” marketing team said in an Instagram post announcing the pitch. Broadway stage“.
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Supreme Court Justice Ketanji Brown Jackson had a live-action role in the Broadway play “&Juliet.” (Tasos Katopoudis/Getty Images for The Atlantic | Bruce Glickas/WireImage)
“She should stay on her side of the bench, and judges should protect their impartiality and the appearance of impartiality more, not less. And that, that was really reckless, in my view,” Gibbing added.
This is not the first time a Supreme Court justice has highlighted the performing arts. In 1994, Justices Antonin Scalia and Ruth Bader Ginsburg appeared as extras — non-speaking, in 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 the case United States v. Scrimetti. The court’s decision could have sweeping implications, potentially shaping future legal battles over transgender issues, such as bathroom access and participation in school sports. The court Arguments will resume in January and a decision is expected by July 2025.
The Supreme Court press office did not respond to Fox News Digital’s request by press deadline.
Fox News Digital’s Peter Pinedo contributed to this report.
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