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Justice Ruth Bader Ginsburg was absent from the Supreme Court bench for the second day in a row on Tuesday.
Chief Justice John Roberts noted Ginsburg’s absence when the justices took their seats for the second time in the new year.
Repeating what he said Monday, Roberts said Ginsburg is “unable to be present” for the court’s sitting, but will participate in the decisions using transcripts of the arguments and court briefs.
Ginsburg, who was forced to miss her first oral argument in more than 25 years on Monday, is still recuperating at home after surgery to remove two cancerous nodules from the lower lobe of her left lung on Dec. 21.
Her recent health scare has liberals fearing their legal hero, affectionately dubbed the “Notorious RBG,” may not be able to serve the five years she said she had left in her last July.
