Proposal to allow Congress to choose FISA Court judges. Problem: Art. 2 § 2 cl. 2. Won’t work. #americanepic http://tinyurl.com/na97rbp
@JoshMBlackman @steve_vladeck That's not crazy since Art 3 provides for "such inferior Courts as the Congress may ... ordain and establish.
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@Profepps@steve_vladeck Yep. What do you think about proposal to give power to chief judges of circuits? -
@JoshMBlackman@steve_vladeck Constitutional; CJs of circs already assign judges by designation &c. Good idea? Not clear. -
@Profepps@steve_vladeck Also FISA judges are already art 3. Designation appointment is good analogy -
@JoshMBlackman@steve_vladeck The other proposal is . . .#unprecedented. As long as we're plugging books. Yuk yuk.
End of conversation
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