Supreme Court Justice Amy Coney Barrett told Fox News on Tuesday that justices do not decide cases along partisan lines, saying they "wear black, not red or blue" and are guided by the Constitution rather than political allegiance. Barrett made the remarks while promoting her new book, Listening to the Law, and addressing public perceptions of the Court's independence.
Barrett said the court is not divided into partisan teams and stressed that justices' seating is determined by seniority rather than ideology. "We don't sit on specific sides of the bench, left and right. You know, we sit in order of seniority," she told Bret Baier. She also said law clerks are often surprised by the difference between the Court's internal workings and public assumptions about those workings.
Barrett pushed back on criticism that the Court protects any particular political figure, arguing that cases concerning presidential power are decided with an institutional focus rather than to benefit a current occupant. "We're not deciding cases just for today, and we're not deciding cases based on the president," she said, adding that decisions on presidential authority will affect future administrations as well as the present one.
On the June 2022 Dobbs decision, Barrett disputed the characterization that the ruling made abortion illegal nationwide. "Dobbs did not say that abortion is illegal. Dobbs said it belongs to the political process," she said, arguing the case returned the matter to state and political decision-making. She reiterated that the Court must follow the law even when the result is unpopular, saying the justices "can't take into account public opinion in making individual decisions... you have to follow the law where it leads."
Barrett described her judicial approach as originalist and reflected on tensions between personal views and legal obligations, themes she explores in the book. She offered details about Court traditions — including assigned seating and courtroom customs — and said the memoir aims to show the gap between outside perception and the Court's daily work.
The justice also addressed concerns about safety for judges. She acknowledged increasing threats against members of the judiciary and said violence should never be "the cost of public service." Barrett emphasized the importance of protecting judges so they can perform their duties without intimidation.
Critics from the left have accused the Court of shielding former President Donald Trump in some high-profile matters, a view reflected in coverage from multiple outlets. Barrett responded by placing the Court's work in historical context and stressing that cases involving the presidency raise constitutional questions that extend beyond any one administration.
Barrett's appearance on Fox was among a series of public engagements tied to the release of her book. The memoir, she said, recounts not only legal reasoning but also personal experiences on the Court and the institutional norms that guide justices' decisions.
The comments come as the Court remains at the center of contentious political debate over its role in major social and political issues. Barrett's remarks underscore the Court's insistence on legal reasoning as its guide, even as public scrutiny and partisan criticism continue to shape discussion about the judiciary's place in American governance.
