congress have a say in this and why doesn't this, it be the primary responsibility of the states. >> reporter: the five conservative justices seemed more receptive to a vaccine mandate for health care workers. one takeaway were the false statements shared by justice sonia sotomayor who phoned in to the hearings from her office. >> 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. according to the cdc -- >> reporter: yeah, the number is actually around 3,000. but according to the cdc, it's unclear how many of those children were brought into hospitals for other reasons and simply tested positive upon arrival. the biden administration is ready to implement the vaccine requirements next week, so a ruling could come out within