Barrett says justices ‘wear black, not red or blue’ in response to partisan critics in Fox News interview

Supreme Court Justice Amy Coney Barrett pushed back against partisan portrayals of the Supreme Court, telling Fox News’ Bret Baier that justices “wear black, not red or blue” and follow the Constitution, not politics.

She appeared on Fox to promote her new book, Listening to the Law, and to address public perceptions of the Court’s work and independence.

Barrett stressed that the Court is not divided into partisan teams. She also defended its approach to presidential power, clarified misconceptions about the Dobbs decision, and reflected on her originalist judicial philosophy.

Her book touches on details such as assigned seating, courtroom traditions, and the gap between outside perception and inside reality.

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“You know, we don’t wear red and blue, we all wear black because judges are nonpartisan. And the idea is that we are all listening to the law. We’re all trying to get it right. We’re not playing for a team,” she told Baier. “We don’t sit on specific sides of the bench, left and right. You know, we sit in order of seniority.”

Barrett underscored the disconnect between public perception and the Court’s inner workings, noting:

“I often ask new law clerks what surprised you most when you started? And one of the most common answers is the difference between what’s happening on the inside and what people think is happening on the inside.”

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Critics on the left argue the Court is shielding former President Donald Trump, a view reflected in headlines from outlets such as The New York Times and NBC.

Barrett responded by placing the Court’s work in historical context, stressing that cases on presidential power extend beyond any one occupant of the office.

“We’re not deciding cases just for today, and we’re not deciding cases based on the president,” Barrett said. “As the current occupant of the office, we’re deciding cases about the presidency. So we’re taking each case, and we’re looking at the question of presidential power as it comes. And the cases that we decide today are going to matter.

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“Four presidencies from now, six presidencies from now, and so on. Each of these cases that we’re getting, you know, well, I mean, some of them overlap, but many present different constitutional issues,” she added.

She stressed the Court rules on the presidency as an institution, with decisions that resonate across administrations.

Turning to the Dobbs decision, Barrett said the ruling did not outlaw abortion but returned the issue to the political process—a point she argued has been widely misunderstood.

“Dobbs did not say that abortion is illegal. Dobbs said it belongs to the political process,” Barrett said.

Barrett acknowledged growing threats to judges, stressing violence should not be “the cost of public service.”

Returning to public perception, she said the Court must follow the law even when rulings are unpopular, stressing integrity over public opinion.

“The court… can’t take into account public opinion in making individual decisions… 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.