Ginsburg can stay on the Supreme Court and vote, no matter how sick or disabled she becomes
by Melissa Quinn
| January 09, 2019 12:00 AM
With Justice Ruth Bader Ginsburg continuing to recover from cancer surgery, whispers about whether she should step down have grown louder. But as a member of the Supreme Court with life tenure, Ginsburg can remain on the bench for as long as she desires, no matter how sick she becomes.
Ginsburg had surgery Dec. 21 to remove two malignant nodules found in her left lung and has been recuperating at her home ever since. The procedure kept Ginsburg off the bench on Monday and Tuesday, marking the first time she missed oral arguments in her 25-year tenure on the Supreme Court.
Though she was not present for oral arguments, Chief Justice John Roberts said Ginsburg would participate in the cases by reading briefs and argument transcripts.
In addition to reviewing relevant case material from home, Ginsburg has also voted in matters before the court. There is no written rule prohibiting justices who are missing from the bench from casting their votes.
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