Forgetting the position of a SCOTUS judge for a second, I see this a lot -- the conflation of variant strains merely because the uncertainty lies within the data, so the immediate worst outcome must be accepted. We do have most of the data for Omicron, so it's possible this judge just is refusing to accept the data, or is allowing emotions to get the best of her.
Fact - There has been less than 100 deaths world wide of Omicron. Someone should have told her before she made a fool of herself.
Fox News host tweets a one liner and you're off to the races. Do you really want to be like Tash?
In case anyone is interested in context, the exchange starts just before the 47 minute mark: https://www.c-span.org/video/?516920-1/justices-hear-case-vaccine-test-mandate&live
The female (Sotomeyer?) says that the amicus brief submitted by 'The American Commitment Foundation' (whatever the hell that is) claims a certain very questionable thing. I kind of doubt that it does, but the text where the state attorney who referenced brief is missing from the transcript, and a link to the brief in question for verification is nowhere to be found on the link you provided. Alas.
Whatever the case, Sotomeyer clearly indicates that she has little doubt about Omicron causing as many deaths as Delta, and that 'fact' will be an element of her judicial decisions in the case. Pretty much what the 'one liner' says.
Thanks for digging up the link and timestamp BTW. I don't think I've listened to any SCOTUS dialog since these clowns showed their true colors and handed the presidency to GW Bush over two decades ago. The whole government of the U.S., and all of the state sub-government organs are such a steaming mass of vomit that it's not worth wasting the time.