Supreme Court Justice Ruth Bader Ginsburg is missing oral arguments on Monday for the first time since she joined the court in 1993, as she recuperates from a recent cancer surgery.
A Supreme Court spokesperson told Fox News that Ginsburg, who underwent lung surgery in New York City last month to remove cancerous growths, is continuing to recuperate from the surgery.
The spokesperson said that Ginsburg would participate in the consideration of the cases through written briefs and transcripts, but there has yet to be a date decided for when she will return to the bench.
Ginsburg, 85, last month underwent a pulmonary lobectomy at Memorial Sloan Kettering Cancer Center after two nodules in the lower lobe of her left lung were discovered, the Supreme Court said in a statement. The discovery came incidentally during tests after she fractured several ribs during a fall in November.
The news release said both nodules removed during surgery were found to be malignant, but scans performed before surgery indicated no evidence of disease elsewhere in the body. No further treatment was planned.
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After sustaining a fall in November, Ginsburg initially missed a non-argument session when justices took the bench for routine business.
Ginsburg has dealt with a series of health concerns in recent years. She broke two ribs in 2012, and previously battled two bouts of cancer, in 1999 and 2009. She also had a stent implanted in her heart to open a blocked artery in 2014.
The Harvard Law School-educated justice was nominated to the Supreme Court by former President Bill Clinton in 1993 to replace retiring Justice Byron R. White. Ginsburg was Clinton’s first Supreme Court pick.
Prior to ascending to the Supreme Court, Ginsburg became the first woman to receive tenure at Columbia University Law School and is also the co-founder of the American Civil Liberties Union’s Women’s Rights Project.
Ginsburg is the oldest member on the Supreme Court, and her retirement has been a topic of great speculation. However, she reportedly hired clerks for the term that extends into 2020, indicating she has no plans to leave soon.
Fox News’ Alex Pappas and The Associated Press contributed to this report.
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