Supreme Court Associate Justice Amy Coney Barrett said Monday there is a "disconnect" between how the public perceives the Supreme Court and how it functions, and she defended her approach to judging in an interview ahead of the release of a book about the court.
"You know, we don't wear red and blue," Barrett told Fox News anchor Bret Baier on "Special Report," adding, "We all wear black because judges are nonpartisan." She said the book, Listening to the Law: Reflections on the Court and Constitution, was written to answer recurring questions she hears from people across the political spectrum about how the court takes and decides cases and how the justices interact.
Barrett, who was appointed by President Donald Trump in 2020 and has served on the court for nearly five years, said popular opinion does not drive her judicial decisions. "The point I try to convey in the book is that you have to follow the law where it leads, even if it leads in a place where the majority of people don't want you to go," she said. She added that the Constitution "trumps" other written laws.
In the interview, Barrett addressed criticisms and misunderstandings surrounding the court's Dobbs decision, which overturned the constitutional right to abortion established in Roe v. Wade. She said Dobbs did not declare abortion illegal nationwide but returned the question to the political process. "Dobbs did not say that abortion is illegal," Barrett said. "Dobbs didn't weigh in on that question. Dobbs said it belongs to the political process. And, you know, it's been thrown to the political process, and the states have been working it out."
Barrett also discussed questions about how a judge's personal beliefs intersect with judicial duties. Asked about her Catholic faith — a topic raised during her confirmation hearings — she broadened the point to include all "deeply held moral commitments" a judge might hold. "Everyone, every single judge, every single person has more commitments. And I just don't think it matters from where those commitments come, they all must be put aside if one is to judge," she said.
Her book, she said, aims to demystify court procedures and the relationships among justices by explaining how cases reach the court and how decisions are made. Barrett said she was motivated to write because many people repeatedly ask the same questions about court operations and dynamics, and she hoped a book would provide comprehensive answers.
The interview was presented as a wide-ranging discussion of judicial philosophy, the role of precedent, and the daily work of the high court. Barrett reiterated that judges must apply the law as written and that fidelity to constitutional text and precedent guides her approach.
Listening to the Law: Reflections on the Court and Constitution is scheduled for release Tuesday, Sept. 9. Barrett said she wrote the book so that members of the public who are interested could find answers to the frequently asked questions she encounters in public settings and interviews.