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Monday, January 7, 2019

Supreme Court Justice Ruth Bader Ginsburg working from home for first arguments since cancer surgery

Supreme Court Justice Ruth Bader Ginsburg will not be on the bench on Monday to hear arguments in the first case brought to the high court since the 85-year-old underwent cancer surgery last month.

It is believed to be the first time that Ginsburg has missed arguments for a reason outside of recusal.

Ginsburg will still participate "on the basis of briefs, filings and transcripts," a court spokeswoman said.

Less than three weeks after undergoing a procedure in New York to remove two cancerous growths from her left lung, Ginsburg's presence appeared to end her 25-year streak of perfect attendance.

Ginsburg has not missed a day of argument since President Bill Clinton appointed her to the bench in 1993.

Her attendance continued through surgery and radiation in the late 1990s for colorectal cancer, surgery in 2009 for pancreatic cancer, a heart procedure in 2014, and two falls that resulted in broken bones, including one late last year. She did not miss a day of argument while her husband was treated for the cancer that ultimately took his life in 2010.

Monday's case, Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290, involves warning labels on pharmaceuticals.

This is breaking news. Check back for updates.

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