Justice Ruth Bader Ginsburg will not be at the Supreme Court Monday morning as it meets for its first day of oral arguments in the new year.
The court's public information officer said Ginsburg, who is still recovering from surgery last month to remove two cancerous nodules from her lung, would still be able to vote on the cases by reviewing the transcripts of oral arguments.
Ginsburg, 85, has survived other bouts of cancer which never caused her to miss oral arguments.
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.