federal government and then ask the questions, well, why doesn't congress have a say in this, and why doesn't this be the primary respondent of the states. -- responsibility of the states. reporter: while conservative justices seem -- they seemed less so. >> all of which the ones i'm familiar affect employees when they are on the job but not when they are not on the job. and this affects employees all the time. if you're vaccinated while you're on the job, you're vaccinated when you're not on the job. >> reporter: the standout following yesterday's oral arguments was some inaccurate data cited by justice sotomayor. here's one moment. >> we have over 100,000 children, which we've never had before, in serious condition and many on ventilators. >> that's not true. we have not had 100,000 children in serious condition in u.s. hospitals.