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OCR Page 1 of 10FILE: 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
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