Ginsburg to miss oral arguments again next week

Supreme Court Justice Ruth Bader Ginsburg will be absent from the bench again next week.

The Supreme Court’s spokeswoman, Kathy Arberg, said Ginsburg will continue to work from home and participate in the consideration and decision of the cases on the basis of the briefs and transcripts of oral arguments.

{mosads}Ginsburg, 85, had surgery Dec. 21 to remove two cancerous nodules from her lower left lung. Her recovery forced her to miss oral arguments in cases this week for the first time her more than 25-year career.

The cancer was discovered incidentally while she was being treated at George Washington University Hospital for fractured ribs, an injury she sustained in November after falling in her office.

Arberg said Ginsburg’s recovery is on track, and she reiterated last month’s post-surgery announcement that there is no remaining evidence of cancer.

“Post-surgery evaluation indicates no evidence of remaining disease, and no further treatment is required,” Arberg said Friday.

The court’s leading liberal missed arguments in five cases this week. The justices are scheduled to hear another six cases next week, but the court has said Ginsburg will still help decide each outcome.

Her absence from the bench has raised concern about how long she will be able to remain on the court. Ginsburg, affectionately referred to by fans as the “Notorious RBG,” is, however, known for her resolve.

She has already survived two bouts with cancer — colon cancer in 1999 and pancreatic cancer in 2009, both of which were caught in the early stages.

A Ginsburg departure would kick off another hotly contested confirmation fight. President Trump already has two nominees on the court, Justices Neil Gorsuch and Brett Kavanaugh. A third would shift the court’s ideological balance even further to the right.

Citing people familiar with the discussions, Politico reported this week that the White House is already reaching out to political allies and activist groups for help in preparing for a possible Ginsburg departure or death.