@steve_vladeck Read Art 2! Cong can vest appt in "inferior Officers ...President alone, Courts of Law" or Cab. Not itself. Not logic, text.
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Replying to @steve_vladeck
@steve_vladeck Steve, let's not play word games. Departments is used in Art. 2 to indicate executive branch offices.1 reply 0 retweets 0 likes -
Replying to @Profepps
@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/ …3 replies 0 retweets 0 likes -
Replying to @JoshMBlackman
@JoshMBlackman@steve_vladeck There's nothing textual about one Sup Ct or 9 Justices; CJ appearing solo would be "the court," yes?1 reply 0 retweets 0 likes -
Replying to @Profepps
@Profepps@steve_vladeck It also says "Courts" even though the Constitution only has 1 Supreme "Court." Crazy for sure1 reply 0 retweets 0 likes -
Replying to @JoshMBlackman
@JoshMBlackman@steve_vladeck That's not crazy since Art 3 provides for "such inferior Courts as the Congress may ... ordain and establish.1 reply 0 retweets 0 likes -
Replying to @Profepps
@Profepps@steve_vladeck Yep. What do you think about proposal to give power to chief judges of circuits?1 reply 0 retweets 0 likes -
Replying to @JoshMBlackman
@JoshMBlackman@steve_vladeck Constitutional; CJs of circs already assign judges by designation &c. Good idea? Not clear.1 reply 0 retweets 0 likes -
Replying to @Profepps
@Profepps@steve_vladeck Also FISA judges are already art 3. Designation appointment is good analogy1 reply 0 retweets 0 likes
@JoshMBlackman @steve_vladeck The other proposal is . . . #unprecedented. As long as we're plugging books. Yuk yuk.
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