Fox News: Justice Ginsberg may have 'dozed off' in Obamacare case

Supreme Court Justice Ruth Bader Ginsberg has admitted to being "less than sober" when she dozed off during President Barack Obama's State of the Union speech earler this year. 

Now, there are questions as to whether she was dozing during Wednesday's arguments on the case questioning the constitutionality of subsidies in the Affordable Care Act, or Obamacare.

On Fox News Channel's "The Five" on Wednesday, co-host Greg Gutfeld asked correspondent Shannon Bream about Ginsburg.

"She was lively. She was right out of the gate," Bream said.  "The plaintiffs' attorney went first. He didn't even really get a statement out before she immediately was on to him saying there's, you know, sort of no way that we can interpret it the way you're asking us to. It doesn't make any sense. Of course, Congress intended for everybody to get these subsidies. The law doesn't work otherwise. There was one point, though, when there was some whispering among the lawmakers I mentioned who were there. And I looked over to kind of see what they were talking about, and they were gesturing at Justice Ginsburg because sometimes it is hard to tell if she's fully engaged because her head was down a little bit. I'm going to give her the benefit of the doubt that she was reading, but some of those lawmakers felt like she may have dozed off."