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 @bmaz Correct. Assigning judgesa gross violation of SoP and a direct violation of text. Usually text ambiguous; no so here.
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@Profepps@steve_vladeck If FISC truly an Art III ct (which Ive always found at least arguable), then why doesnt Pres hve to nom+Sen confirm -
@bmaz@steve_vladeck FISC members are already Art 3 JJ. No need for 2d pres appt, conf. Analogy: CJs of circs appt JJ to sit by desig -
@Profepps@steve_vladeck Understood, yet that is within the district, not to a separate court. -
@bmaz@steve_vladeck On the contrary, judges from other circuits and districts often sit by designation. WHR was a trial judge in EDVA once. -
@Profepps@steve_vladeck Okay, you have me cold with that one. Let me chew on this a bit....
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