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Ginsburg misses first Supreme Court argument

Justice Ruth Bader Ginsburg did not attend the first day of oral arguments at the Supreme Court as she continues to recover from surgery. CNN's Dr. Sanjay Gupta explains Ginsburg's history of health issues.

Posted: Jan 8, 2019 11:30 PM
Updated: Jan 9, 2019 12:02 AM

For the second day in a row, Justice Ruth Bader Ginsburg will not be at the Supreme Court as it convenes for oral arguments.

Chief Justice John Roberts made the announcement that Ginsburg was unable to attend arguments as he opened court Tuesday morning.

Ginsburg, 85, is still recovering from a surgery she underwent last month to remove two cancerous nodules from her lung. She has also survived other bouts of cancer which never caused her to miss oral arguments.

Roberts opened court Monday by saying that while Ginsburg wouldn't be present for oral arguments, she would participate in the cases by reading transcripts. He made no mention on Monday of her recent surgery.

Ginsburg was released from the hospital about two weeks ago, according to the court, following the surgery earlier last month.

The court said there was no evidence of any remaining disease following the surgery. The nodules themselves were discovered incidentally following tests after a fall she sustained in November. The key liberal justice returned to the court shortly after the fall that fractured three of her ribs last November.

Ginsburg's absences come midway through the term as the justices will consider petitions concerning some of President Donald Trump's most controversial policies, including the phase-out of the Deferred Action for Childhood Arrivals program and his ban on most transgender individuals from serving in the military.

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