Thus, one less liberal vote "should" help America's cause.
“As long as she doesn’t participate in hearing the arguments, she shouldn’t be allowed to vote or rule on the case.”
Shouldn’t isn’t couldn’t
I read Chief Justice Rhenquist was undergoing cancer treatment 2004 -05 and missed 44 arguments but voted.
Oral arguments are dog and pony shows, which is one reason you almost never hear of Clarence Thomas speaking up during orals. He's on record as saying they could and should be done away with. Personally, I like reading through the oral arguments, but they don't really tell you much about which way the court is going to ultimately come down.