> Congress could shut down the FISC apparatus tomorrow
Actually, they couldn't. To shut down FISC they would have to pass a new law, which they could not do tomorrow because they are not in session tomorrow. And then the president would have to sign the law, or Congress would have to override his veto. Yes, it is possible to change the law, but it's not easy. Likewise, the Constitution could be amended to rescind Roberts's Article III privileges. So the situation is exactly analogous. But as you yourself point out, the probabilities that these things will happen are irrelevant. What matters is that until the changes are actually made (by whatever process is needed to make them) the situation is what it is. And the situation at the moment is that Roberts's appointments to the FISA court are not reviewable by anyone. So Klein is right and you are wrong. Deal with it.
The reason it's unlikely isn't that it's hard for Congress to change it; it's that Congress' constituents don't want them to. And that should give you pause about the prospect of some judge doing it for them, because nobody elects federal judges. We are not a nation ruled by philosopher kings.
That is far from clear. But either way, it's irrelevant to the matter at hand. The fact is that you are wrong about Klein. Until you acknowledge that and retract your top-level claim, there's no point in discussing anything else. Life is too short.
To shut down FISC they would have to pass a new law, which they could not do tomorrow because they are not in session tomorrow.
/eyeroll
If we're going down that road, the President has the authority to convene either or both chambers of Congress at any time. This has happened 27 times.
Likewise, the Constitution could be amended to rescind Roberts's Article III privileges. So the situation is exactly analogous.
Of course they are not, because constitutional amendments have to be ratified by 2/3 of the states, while Acts of Congress don't.
What matters is that until the changes are actually made (by whatever process is needed to make them) the situation is what it is.
The situation is that Congress can take away Roberts' FISA powers any time it likes, unlike his Article III powers which could only be revoked by amendment. This is a fundamental difference that Klein completely ignored, and that's why he's wrong.
Actually, they couldn't. To shut down FISC they would have to pass a new law, which they could not do tomorrow because they are not in session tomorrow. And then the president would have to sign the law, or Congress would have to override his veto. Yes, it is possible to change the law, but it's not easy. Likewise, the Constitution could be amended to rescind Roberts's Article III privileges. So the situation is exactly analogous. But as you yourself point out, the probabilities that these things will happen are irrelevant. What matters is that until the changes are actually made (by whatever process is needed to make them) the situation is what it is. And the situation at the moment is that Roberts's appointments to the FISA court are not reviewable by anyone. So Klein is right and you are wrong. Deal with it.