April 7, 2009 9:39 AM

Justice Ginsburg Has Pancreatic Cancer

By
CBSNews
(CBS/ AP)  Supreme Court Justice Ruth Bader Ginsburg had surgery Thursday after being diagnosed with pancreatic cancer, the court said.

Pancreatic cancer is often deadly, although the court said doctors apparently found Ginsburg's cancer at an early stage.

"I'm kind of cautiously optimistic," said CBS chief medical correspondent Dr. Jon LaPook. "The very fact that they decided to do surgery on it to take it out meant that they thought they could go for a cure. They thought they could get it all."

Ginsburg, 75, had the surgery at the Memorial Sloan-Kettering Cancer Center in New York. She will remain in the hospital for seven to 10 days, said her surgeon, Dr. Murray Brennan, according to a release issued by the court. The hospital had no comment on Ginsburg.

The only woman on the court, Ginsburg has been a justice since 1993, when she was appointed by President Clinton. She is a liberal-leaning justice who has been vocal in recent years about the court's more conservative stance.

President Barack Obama expressed hope for her speedy recovery, White House press secretary Robert Gibbs said Thursday, and offered his thoughts and prayers.

In 1999, Ginsburg had surgery for colon cancer and had chemotherapy and radiation treatment. The new cancer was discovered during a routine, annual exam late last month at the National Institutes of Health in Bethesda, Md.

A CAT scan revealed a tumor measuring about 1 centimeter across at the center of the pancreas, the court said.

Ginsburg had recently told her former law clerks and others that she envisioned serving on the court into her 80s, although those comments were made before the latest diagnosis.

"Even before this medical episode her name has come up almost every time court watchers list those justices they believe are most likely to retire sooner rather than later so I expect the speculation along these lines to ramp up now," says CBS News legal analyst Andrew Cohen.

"This would be a far bigger legal and political story if there were a Republican president because then you'd be looking at a significant shift to the right on the Court if Ginsburg decides to retire after this health scare," Cohen says. "But as things stand now President Obama would likely replace her with someone who would probably vote the way she has."

Click here to read more from Andrew Cohen on the possibility of Ginsberg's retirement, including how the election of John McCain would have impacted the Supreme Court.
In her previous bout with cancer, Ginsburg received treatment throughout the court's term.

"During my bout with colorectal cancer, thanks to my colleagues and my family, I did not miss a session," Ginsburg told 60 Minutes correspondent Mike Wallace in October 2006.

She hasn't missed work this time either, reports CBS News correspondent Wyatt Andrews. She was at the court this week and was seen at a social event Tuesday night.

The justices hold their next private conference on Feb. 20 and return to the bench from their winter break on Feb. 23.

The court's announcement offered few details about the surgery.

Pancreatic cancer is one of the most deadly cancers: Nearly 38,000 cases a year are diagnosed and overall, fewer than 5 percent of patients survive five years.

The reason: Fewer than one in 10 cases are diagnosed at an early stage - like Ginsburg's appears to be - before the cancer has begun spreading through the abdomen and beyond. That's because early pancreatic cancer produces few symptoms other than vague indigestion.

Even when caught early, surgery for pancreatic cancer is arduous. Doctors typically remove parts of the pancreas, stomach and intestines. Radiation and chemotherapy are common after surgery.

Ginsburg's prognosis depends on a number of factors, including whether the tumor, despite its small size, had begun spreading to the lymph nodes, and what specific type it was. Most are aggressive, although a small proportion of patients have what Dr. John Marshall, a pancreatic cancer specialist at Georgetown University Hospital, calls "quieter ones."

"We want to be in that early group so we can have the surgery and have a potential chance at cure, but it is a big operation and a disease that does tend to spread even very early," he cautioned.

Even those few patients who qualify for surgery seldom are cured by it. So chemotherapy is standard to extend survival, which is still only about 20 percent at five years for people diagnosed in early stages.

Studies are under way to try to find better therapies. Among them: Testing if an immune therapy can block the return of tumors that contain a specific genetic mutation.

Brennan is a leading specialist on pancreatic and stomach cancers and has helped to build a computer program and database of thousands of patients with sarcomas, or soft-tissue tumors, that help to predict their survival chances for at least 12 years after diagnosis.

Brennan was chairman of Sloan-Kettering's surgery department from 1985 until June 2006 and is past president of the American Surgical Association.

Ginsburg is a native of Brooklyn, N.Y., a lover of opera and perhaps personally closest on the court to her ideological opposite, Justice Antonin Scalia. The justices have vacationed together - a photo in her office shows the two atop an elephant - and routinely mark New Year's Eve with an elaborate meal prepared by their spouses.

Ginsburg was a federal appeals court judge in Washington before President Bill Clinton appointed her to the court to replace the retiring Justice Byron White. She served as a lawyer for the American Civil Liberties Union before that and argued six cases before the high court.

Ginsburg is one of only two female justices to ever serve. The other is Sandra Day O'Connor, who retired in 2006.

Since then, Ginsburg has lamented being the only woman on the court. In the spring of 2007, Ginsburg vented her frustration with the court's increasingly conservative tone by writing two sharp dissents that were made even more notable by her decision to read from them in the courtroom.

Objecting to a decision that upheld a nationwide ban on an abortion procedure that opponents call partial-birth abortion, Ginsburg said the ruling "cannot be understood as anything other than an effort to chip away at a right declared again and again by this court - and with increasing comprehension of its centrality to women's lives."

A short while later, the court threw out a discrimination suit by Lilly Ledbetter, a longtime Goodyear supervisor who was paid thousands of dollars a year less than her male peers. "In our view, this court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination," Ginsburg said.

She urged Congress to change the law to allow lawsuits like Ledbetter's. Just last week, President Barack Obama signed the change into law.

CBS/ AP
Add a Comment See all 39 Comments
by endrepubs February 6, 2009 12:21 PM EST

While everyone wishes Ginsburg the best, it has to be stated that we are very lucky we have a Democratic President at this time who can appoint another intelligent liberal to the court if she decides to step down. Can you imagine if Bush had the opportunity to appoint ANOTHER conservative justice?
Reply to this comment
by endrepubs February 6, 2009 12:19 PM EST

While everyone wishes Ginsburg the best, it has to be stated that we are very lucky we have a Democratic President at this time who can appoint another intelligent liberal to the court if she decides to step down. Can you imagine if Bush had the opportunity to appoint ANOTHER conservative justice?
Reply to this comment
by sdskls February 6, 2009 11:59 AM EST
Reading all the *** people come up with is amazing. I was diagnosed with pancreatic cancer, and chonlagiocarcennoma six years ago. Had a whipple, radiation and chemo. Blessed that I was detected early and am still here. I would not wish this or any cancer on anyone. But if I could give it away it would be to you "ignorant idiots".
Reply to this comment
by antoniof123 February 6, 2009 11:20 AM EST
...Beyond the fact she is an insane and destructive radical, this witch has a face that would stop a train at 100 meters. My God, she fell out of the ugly 600-ft Sequoia, hit every branch on the way down, and then was mauled by bears. She is THAT hideous.
Posted by RichardJ390

So you will not have a problem when some thing like this happens to a far right wacko conservative right?

I mean you can''t have it both ways.

LOL....

Of course my opinion is no one should have to suffer with cancer in this day and age. But wacko right wing nuts thing is is okay when someone else from another party suffers.

Good luck with that.
Reply to this comment
by perk235 February 6, 2009 7:49 AM EST
...Beyond the fact she is an insane and destructive radical, this witch has a face that would stop a train at 100 meters. My God, she fell out of the ugly 600-ft Sequoia, hit every branch on the way down, and then was mauled by bears. She is THAT hideous.
Posted by RichardJ390
---------------------

This is an interesting comment. Any comments on Alito''s great looks? Oh, that''s right. He''s a man.
Reply to this comment
by rf35 February 6, 2009 6:53 AM EST
Supreme Court Justices should have term limits. Long ones, but limited none the less. I figure 12-15 years should do. That would prevent every administration from stacking the court, yet prevent senile Justices from remaining indefinitely.
Reply to this comment
by ballpen1 February 6, 2009 4:45 AM EST
Posted by aldon61 at 09:21 PM : Feb 05, 2009

What azirine wrote will be repeated over and over on blogs, the MSM, Rushs show, GOP talking points and so on. This is how they try to get a new president (who has shown a willingness for bipartisanship) to MAKE A MISTAKE HE CAN''T CORRECT!

So, President Obama, Sir, i beg you, i IMPLORE you to replace - when the time has come - Justice Ginsberg with the LEFTIEST LEFTY YOU CAN FIND IN LEFTYLAND!

That person will sit on that bench FOR DECADES, so don''t let the GOP pull the wool over your eyes with talk about "moderation" and "bipartisanship", after their choice is seated they will turn their back on you like before. And, please, get the tax thing right this time...
Reply to this comment
by noirviolette February 6, 2009 4:10 AM EST
BOYCOTT KELLOGG
In just my opinion I feel this situation regarding Michael Phelps
has gotten way out of line.I feel his only mistake was being where
some nosey person could get the pic and then sell it for a few bucks
or however they got it.If this was the worst thing anybody ever did
the world would be a much better place.So with that I am Boycotting
Kellogg and I''''''''m posting this on all sites and stories I visit in hope
others will Boycott and repost this who does not agree with all the
bad hype M.P. is getting.I do understand the sponsors view point,he
is in the public eye as a role model,but I hardly see this as a
condemning offense.


Reply to this comment
by rhs648 February 6, 2009 1:50 AM EST
I feel sorry for anyone who has cancer, but how come this is a big news item, just because she is on the supreme court. What about the poor average citizen that has the same type of cancer? Will they be able to afford the same care and treatment that she is getting?


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Posted by jsd330

What has the poor average citizen has done to distinguish himself or herself. This is a Supreme Court Justice and holds a very high posistion in the government. This is why it is news. The average person is, just that. Avergage people aren''t newsworthy.
Reply to this comment
by rhs648 February 6, 2009 1:44 AM EST
The right-winger is the new face of the Republican Party. This is what the American people saw in 2006 and 2008. It is what they see now. The Republican Party will be extinct in another election cycle, as long as these folks continue this way. Keep up the good work, wingnuts.


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Posted by mediawatch50

Wishful thinking. There is a good chance that Republicans will again have a Republican president and a Republican congress after people tire of the Democrats. Like the economy, it is cyclical. There are many Republicans that aren''t right wing just as there are plenty of Democrats who aren''t left wing. The fact that most Americans are moderate is what keeps most politicians moderate.
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