Well, I suppose either active justice can answer this, but has Torie been so completely MIA as to be a burden to the court? Or, rather, if you would like to give a statement without any explicit opinion on the matter, can you name the last time you communicated with Torie?
I won't go into that, but, in my case, the last I heard from Torie was in the early discussions on
Snowstalker v. The Midwest, to the point where his opinion on the law was made clear (hence the unanimous opinion), in advance of his hiatus.
I did note that the decision in
Scott v. The Northeast was unanimous, but given the de facto vacancy I was using that in the sense that me and Chief Justice bgwah were on the same page following our discussion of the case.