What planet is she living on?
https://www.yahoo.com/news/amy-coney-barrett-mind-boggling-194718116.html
You're missing the context and why she asked the question. It's not about whether it's OK or not OK, but rather it was referencing previous court decisions that analyzed discrimination claims in terms of de jure history.
She was giving the challenger an opportunity to prove discrimination using an existing legal framework for showing it.
It sure would have been nice for the article to give that context.