Justice Ruth Bader Ginsburg, who underwent cancer surgery last month, will not be on the bench on Monday when the court returns from its holiday break, Kathleen Arberg, a Supreme Court spokeswoman, said.
Justice Ginsburg, who is working from home, would participate in the two cases to be argued Monday by reading briefs, other filings and the argument transcript, Ms. Arberg said.
Justice Ginsburg, who has undergone two other cancer surgeries, has never before missed an argument in her 25 years on the court.
Surgeons removed two nodules from Justice Ginsburg’s left lung on Dec. 21. The nodules were discovered during tests following a fall in November in which Justice Ginsburg fractured her ribs.
According to the justice’s thoracic surgeon, Dr. Valerie W. Rusch, the nodules removed during surgery were found to be malignant, Ms. Arberg said at the time.
After the surgery, “there was no evidence of any remaining disease,” she said, adding: “Scans performed before surgery indicated no evidence of disease elsewhere in the body.”
Justice Ginsburg, 85, is the senior member of the court’s four-member liberal wing. She has repeatedly vowed to stay on the court as long as her health holds and she stays mentally sharp.
President Trump has appointed two new members to the Supreme Court, Justices Neil M. Gorsuch and Brett M. Kavanaugh, moving it considerably to the right.
Should he name Justice Ginsburg’s replacement, Republican appointees would outnumber Democratic ones six to three.