Ruth Bader Ginsburg

Updated at 12:12 p.m. ET

Supreme Court Justice Ruth Bader Ginsburg is not taking part in Monday's oral arguments before the court.

The 85-year old liberal justice underwent surgery for cancer last month and also recently broke several ribs after a fall.

Ginsburg had not missed a day of arguments since she was confirmed to the court in 1993.

Despite not physically being at the court, she will be participating in the cases by reading the briefs and the transcripts of the oral arguments.

With the presidential election just five weeks away, all discussions about the U.S. Supreme Court focus on the unfilled vacancy created by the death of Justice Antonin Scalia, and the likelihood of more vacancies to come. Speculation about the most likely justice to retire centers on 83-year-old Justice Ruth Bader Ginsburg. But in an interview with NPR, she didn't sound like a woman eager to retire.