The problem I have with your post is that I think Klein is pointing up a real problem with the current structure, and you're quibbling that he didn't prefix his

The problem I have with your post is that I think Klein is pointing up a real problem with the current structure, and you're quibbling that he didn't prefix his claim with "Unless and until Congress changes this, ...". Given that the ultimate point of writing the essay was surely to get Congress to change it, I find your objection puzzlingly off target, to the point of derailing the discussion. If there is to be a FISA court at all that we citizens can have any confidence in, the way that that court is constituted needs to be changed. That's my takeaway from Klein's column, and I think that's what we ought to be discussing. To that end, here's a proposal. Instead of the Chief Justice handling all the FISC appointments, set up a rotating schedule whereby each Supreme Court Justice gets one pick, in turn, as the existing terms expire. That would bring at least a bit of ideological diversity. Other possibilities can certainly be imagined. Congress could have a more direct role, for example, but given the current gridlock around judicial appointments, I don't know if that's a good idea. Of course, the question of whether there should be a FISA court at all can also be debated. I'm not sure yet what I think about that.