NEW: Supreme Court Justice Ruth Bader Ginsburg misses oral arguments over stomach bug.
Supreme Court Justice Ruth Bader Ginsburg was not on the bench for oral arguments Wednesday due to a stomach bug, according to the court."But she will participate in the consideration and decision of the cases on the basis of the briefs and the transcripts or recordings of the oral arguments," Chief Justice John Roberts said from the bench at the open of the day's court session.
At issue in the DACA case is whether the Trump administration followed federal law requiring agencies to base policy changes on sound reasoning that is explained to the public. Lower courts ruled that the decision to end DACA was"arbitrary and capricious," in violation of law. Ginsburg and her fellow liberal colleagues, however, pushed back. Ginsburg herself argued with the Trump administration's Department of Homeland Security's assumption that DACA is unconstitutional, as outlined in two memos by two now-former homeland security secretaries.
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