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Pity Justice Carol Corrigan. Not only was she sick with the flu on Tuesday, but she might turn out to be the deciding vote in a major case that could determine whether employers have the right to fire employees who use marijuana as medicine.

Although the lines weren’t absolutely clear, it appeared during oral arguments Tuesday that three of the California Supreme Court’s seven justices, including the two most conservative, felt uncomfortable with the prospect of forcing employers to retain pot-smoking workers. Three of the more moderate justices, however, appeared equally concerned about making ailing employees choose between their jobs and their health.

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