Washington (CNN) 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.

Chief Justice John Roberts opened court on Monday by saying Ginsburg would be "unable" to be present for oral arguments but would participate in the cases by reading transcripts. He made no mention of her recent surgery.

In court, her seat remained empty and there was no information available as to whether Ginsburg would sit for arguments on Tuesday. Monday marked the justices' first day back on the bench after a winter recess.

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