Ginsburg misses second day of arguments, sparking some concern about recovery: report

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Justice Ginsburg undergoes lung surgery to remove cancer and is resting comfortably, no further treatment planned

Supreme Court Associate Justice Ruth Bader Ginsburg missed another day of arguments Tuesday while she recuperates from her cancer surgery last month.

Her chair was vacant for a second day while Justice Brett Kavanaugh delivered his first opinion in the court. The Wall Street Journal reported that the unanimous decision was a run-of-the-mill arbitration case between businesses.

Ginsburg, 85, had two cancerous growths removed from her left lung Dec. 21. She was discharged from Memorial Sloan Kettering Cancer Center in New York City on Christmas Day. The growths were spotted on her lung after she fractured ribs in a fall in early November.

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The court did not indicate how long Ginsburg could be absent, but Chief Justice John Roberts said Tuesday that Ginsburg would participate and read from transcripts and briefs, according to the Journal.

It is not unheard of that a justice participates in cases without being present. The Hill reported that the late Chief Justice William Rehnquist missed oral arguments in 44 cases during his own cancer treatment, and still managed to write for the majority in four of them.

Daniel Epps, an associate professor at Washington University School of Law, told the website that he does not expect Ginsburg, who was appointed by former President Bill Clinton, to step down any time soon.

“We all think she’s highly unlikely to resign under this administration,” he said.

The Associated Press contributed to this report.