If FISC was an Article III court, wouldn't its judges have lifetime tenure? Wouldn't it's judges be appointed by the President and confirmed by the Senate?
I don't think membership consisting of judges who would otherwise preside over Article III courts necessarily makes FISC an Article III court, and judges appointed by the Chief Justice actually suggest the opposite.
There's an article at the Yale Law Review that criticizes FISC for not being a regular Article III court.
I don't think membership consisting of judges who would otherwise preside over Article III courts necessarily makes FISC an Article III court, and judges appointed by the Chief Justice actually suggest the opposite.
There's an article at the Yale Law Review that criticizes FISC for not being a regular Article III court.