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View Diary: FISC: A Strange Beast in the Federal Judiciary (38 comments)

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  •  "Designate and assign" is the language used (0+ / 0-)

    throughout 28 USC ch. 13 to describe what the Chief Justice, and chief judges, do to move judicial resources from one court to another for a temporary stay. (It's a big code -- many lawyers have never looked at these sections because they've had no need to.)

    Designate: "You, Judge X on Court Y"
    Assign: "go to Court Z for 6 months"

    Sometimes the assignment wording is implied, as when the designations are being made for only one body such as the FISC. For example, here's the analogous language for the Judicial Panel on Multidistrict Litigation:

    (d) The judicial panel on multidistrict litigation shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel.
    Complicating the picture by using "appointment" -- a word used differently in the context of judicial nominations -- seems unwise. (And I've done so myself at times here.) You're trying to get a handle on a new area, so you might as well start with the clearest language.
    •  It is certainly pretty clear that almost (1+ / 0-)
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      everybody discussing the FISC has used the word appoint. I can see how this might become an issue of importance with various proposals for reform that are likely to be introduced. My best reading is that at the moment it seems like a not highly critical technical point.  I have the sort of weird mind that finds such things interesting.

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