U.S. Supreme Court Justice Ruth Bader Ginsburg. Credit: Diego M. Radzinschi / NLJ

For the first time in her 25 years on the U.S. Supreme Court, Justice Ruth Bader Ginsburg is not on the bench Monday for oral arguments, as she recuperates from lung cancer surgery.

Ginsburg has missed nonargument sessions from time to time, but she has made a point of sitting for all oral arguments.

She will participate in Monday’s case by reviewing briefs and the transcripts of oral argument, according to a court spokeswoman. That practice is common when justices are ill.

Ginsburg underwent surgery in New York on Dec. 21 to remove two malignant nodules from her lung. She left the hospital Dec. 26.


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