A Senator Asks Amy Coney Barrett, "Is the Sky Blue?"

Senator: Your Honor, is the sky blue?

Amy Coney Barrett: I'm not a scientist, so I'm not prepared to say one way or the other.

Senator: You have looked at the sky before, haven't you?

Amy Coney Barrett: I... may have. I'm not really sure.

Senator: You're what, 48 years old? Haven't you ever looked at the sky? 

Amy Coney Barrett: [Shrugs.]

Senator: Haven't you at least heard the expression, "Into the wild blue yonder?" That's an expression that talks about the sky. Which is blue.

Amy Coney Barrett: I have heard the expression, but I didn't realize it was in reference to the sky. Thank you for bringing that to my attention, Senator.

Senator: I'll ask again, is the sky blue, Judge Barrett?

Amy Coney Barrett: I'm not an expert on skies. My area of study is the law. If the Supreme Court has previously decided that the sky is blue, I will honor that precedent.

Senator: Let's say a case comes before the Supreme Court and someone wants to declare the sky is green. What would your opinion be on a case like that?

Amy Coney Barrett: I judge each case by its individual merits. I can't say one way or the other until I see all the facts of the case.

Senator: The facts are that the sky is blue and someone is suing to have it declared green.

Amy Coney Barrett: Senator, it would be inappropriate in this hearing to give my legal opinion about a case that may one day be brought before me in court. I will make a decision when I've seen all the facts of the case.

Senator: Set aside your legal opinion. What's your personal opinion? What color do you think the sky is?

Amy Coney Barrett: I’m here to talk about the Supreme Court. I am unaware of a previous Supreme Court decision regarding the color of the sky. Is there one?

Senator: I don't know. Do you? You're trying out for a spot on the Supreme Court. Your area of study is the law, as you said. You tell me if the Supreme Court has ruled on the color of the sky.

Amy Coney Barrett: I am unaware. But if they have, I will be bound by their decision going forward. 

Senator: So, you have no personal opinion about whether or not the sky is blue?

Amy Coney Barrett: I do not.

Senator: That's interesting, because in University of Minnesota's law review in 2017, you wrote an article in which you stated, "The sky is one of the purest colors of blue known to man." Do you recall writing that?

Amy Coney Barrett: Yes, but you're taking it out of context. I was explaining in the article that the sky may be one of many colors, and blue is one of the possibilities.

Senator: In 50 pages of text, you never mentioned any other colors that the sky may be.

Amy Coney Barrett: I also didn't mention any other colors that the sky may not be.

Senator: You've lost me. But my time is drawing to a close. One final question. When you walk out of this hearing room today and exit the building, imagine you look up at the sky. And let's say you're with one of your young children. They say, "Mom, what color is the sky?" What would your response be?

Chairman: Order! Order! The senator's time has now expired. We are moving on.

Amy Coney Barrett: [Exhales deeply. Takes out a big towel and mops up the rivulets of sweat that are pouring down her face.]