Court Battles

Ginsburg misses second day in a row at Supreme Court

Justice Ruth Bader Ginsburg was absent from the Supreme Court bench for the second day in a row on Tuesday.

Chief Justice John Roberts noted Ginsburg’s absence when the justices took their seats for the second time in the new year.

Repeating what he said Monday, Roberts said Ginsburg is “unable to be present” for the court’s sitting, but will participate in the decisions using transcripts of the arguments and court briefs.

Ginsburg, who was forced to miss her first oral argument in more than 25 years on Monday, is still recuperating at home after surgery to remove two cancerous nodules from the lower lobe of her left lung on Dec. 21.

{mosads}The spots were found incidentally in an X-ray she had at George Washington University Hospital while being treated for fractured ribs, an injury she sustained after falling in her office on Nov. 7.

The Supreme Court said scans performed before surgery indicated no evidence of disease elsewhere in her body, and no further treatment is planned.

Ginsburg, 85, is known for her stamina, having already survived two bouts of cancer prior to this most recent diagnosis — colon cancer in 1999 and pancreatic cancer in 2009.

Her recent health scare has liberals fearing their legal hero, affectionately dubbed the “Notorious RBG,” may not be able to serve the five years she said she had left in her last July.

“Please take care of yourself RBG, we need you,” the Progressives of Kane County, Ill., tweeted Monday.

If Ginsburg is forced to step down from the court, President Trump will have the opportunity to nominate a third justice, likely cementing the court’s conservative majority and pushing its ideological balance even farther to the right for generations to come. 

The court heard two cases Monday and will hear two cases Tuesday. The justices are schedule to hear arguments in one case on Wednesday. Roberts did not say whether Ginsburg will be in attendance.  

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