Proposal to allow Congress to choose FISA Court judges. Problem: Art. 2 § 2 cl. 2. Won’t work. #americanepic http://tinyurl.com/na97rbp
@steve_vladeck Steve, let's not play word games. Departments is used in Art. 2 to indicate executive branch offices.
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@Profepps@steve_vladeck There's an absolutely insane argument that the CJ can't exercise this authority alone http://joshblackman.com/blog/2013/07/26/a-challenge-to-the-chief-justices-sole-appointment-power-of-judges-to-the-fisa-court/ … -
@JoshMBlackman@steve_vladeck far-fetched since CJ is only judge mandated by Const, he himself could be "courts of law"
End of conversation
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