Wisconsin Supreme Court Justice David Prosser will not take up any new cases for the rest of the month because he is recovering from a colon ailment, according to the Associated Press.
Without Prosser, whose votes usually favor conservative viewpoints, the court could split 3-3.
Doctors diagnosed him with diverticulutus, a condition when small pouches in the colon become inflamed. He spent six days in the hospital, according to the AP.
In response to Prosser’s absence, a Republican group withdrew a lawsuit Nov. 21 with the Supreme Court. The lawsuit contended that recall elections occurring before November 2012 should be held in new legislative districts. They also requested to have a similar lawsuit filed in Waukesha County be conducted by a Waukesha County judge. Originally, they wanted the Supreme Court to create a three judge panel from across the state.