Here is a fact check of Sotomayor’s claim and claims made at the hearing by two other justices.
The Supreme Court communications office did not respond to CNN requests for comment from Sotomayor.
A Breyer comment about Covid-19 cases
Justice Stephen Breyer, another liberal, said at one point in the hearing that there had been “750 million new cases yesterday or close to that.”
Facts First: Breyer was way off. This comment, however, was clearly a slip of the tongue. Breyer accurately said at other moments in the hearing that there were “close to 750,000” or “three-quarters of a million” new cases of Covid-19 the day prior, not 750 “million.” The US had more than 786,000 reported new cases the day prior, according to data from Johns Hopkins University.
A Gorsuch claim about flu deaths
Justice Neil Gorsuch, a conservative, noted at the hearing that the federal government does not use the Occupational Safety and Health Administration to require that workers take a flu vaccine, as the Biden administration is trying to do with Covid-19 vaccines (though, again, the administration is also offering the alternative of being tested weekly). And then Gorsuch made a comment about flu deaths that was heard differently by different listeners.