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FILE: GINSBURt 6487 July 12, 1993 MEMORANDUM FOR HOWARD PASTER FROM: RON KLAIN SUBJECT: LIKELY AREAS OF COMMITTEE QUESTIONING Here are the likely areas of Judiciary Committee questioning, based on information obtained in her courtesy calls, our subsequent contacts with staff and Senators, and prior Judiciary hearings. Below I list close to 100 areas of questioning planned by the Senators, covering about 50 different topics. Chairman Biden (1) Interpretative Theory : General questions on method, based largely on the Madison Lectures. (Difference between approach to gender, race cases as articulated there. ) Views on Scalia's footnote six in Michael.1 H. (2) Unenumerated Rights/Right to Privacy: From Harlan in Poe to Roe; constitutional basis for the right to privacy; how RBG interprets the liberty clause of the 14th Amendment. (3) Right to Die: Possible questioning on this application of privacy cases; how would RBG approach this issue? (4) Separation of Powers: RBG's view on this; her dissent in In re Sealed Case; her views on Chevron deference. (5) Freedom of speech: Basic doctrinal issues; RBG cases; views on major precedents: e.g. , NYT v. Sullivan, Brandenberg. (6) Free Exercise: Smith and progeny; RBG views on Smith (akin to Souter) . CLINTON LIBRARY PHOTOCOPY