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Breyer

Breyer

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Published by Zeke Miller

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Published by: Zeke Miller on Jul 18, 2014
Copyright:Traditional Copyright: All rights reserved

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07/19/2014

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TH
PRESIDENT H S
SEEN
1
0;:?3
s sr:;y
F6
oo;-ot
June
11,
1993
MEMORANDUM
FOR
BERNIE
NUSSBAUM
FROM:
RON
KLAIN
CLINTON
LIBRARY
PHOTOCOPY
SUBJECT:
AREAS OF
DISCUSSION
FOR THE
PRESIDENT
Here
are
the areas
that
I
would
encourage
the President
cover
--
or
to
avoid
--
in
his
discussion
with
Judge
Breyer. Questions
for
Judge
I
think the President
can
put
the
following
questions
to
Judge
Breyer,
and
expect
these
answers:
• What
guides
your
overall
constitutional
philosophy?
Breyer
will
likely
speak
of
human
dignity"
and
a
need
to
take
a
non-literal
view
of
the
Constitution's
phrases.
How
do you
define
the
sc;: QP..f
of
liberty
in
tQ
§t-.9..9.:\l§.titution?
Breyer
will
talk
about
need
to
balance
the
text s
language
with
an
expansive
view
of
liberty.
ha' "'
yrm
devoted
your
career
to
the
nry
sub-;
ect
of
economic
regulation?
Breyer
will
discuss
how
these
regulatory issues
touch
people's
lives.
• Some
say
that
your
writings
suggest
an
over-emphasis
on
economics:
putting
a
cost
on
lives,
for
example.
Breyer
will
talk
about
the
limits
of
economic
analysis,
and
the
need
to
make
hard
choices
among
safety
options.
How
does he
respond
to
the
criticism
that
his
opinions
are
"bloodless"?
Breyer
will
discuss
he
admiration
for
John
Minor
Wisdom, who
had
a
similar
writing
style.
How
do
you
deal
with
your Republican
colleagues
on
the
bench?
Breyer
will
talk
about
how
he
goes
about
persuading
them
to
join
him
in
You
are the
architect
of
the
Sentencing
Guidelines.
How
do
you
defend
them from
criticism?
Breyer
will
speak
of
how
he
"did
good"
by
fighting
"worse"
versions
of
the
Guidelines.
• What
are the
most
significant
Supreme
Court
decisions
in
your
lifetime?
Breyer
will
cite
a
variety
of cases
involving
civil
rights
and
personal
liberties.
Who
are
the
great
Justices
in
history?
Breyer
will
cite
a
variety
of
Justices,
past
and
present.

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