Quote (thesnipa @ Dec 9 2019 01:15pm)
is there realistically any way that the FISA courts could be made illegal through a 4a challenge from SCOTUS?
that's of course not even factoring in the likelihood that they'd take the case.
Well on one hand, the SCOTUS easily has the power to declare that FISA courts fundamentally lack the checks and balances required to uphold the 4th amendment and ex parte secret courts are inherently unconstitutional.
Besides the political will of the justices to entertain such a move, the real question is what you said: How such a challenge could ever reach them or give them jurisdiction.
As the FISA courts essentially act without knowledge of their targets and then stonewall every attempt to challenge or discover what they're up to under the guise of national security, challenging them is essentially impossible, which is the very issue at stake to begin with. Even if Carter Page with all the benefit of these IG reviews from both Horowitz and Durham and all the unredacted information wanted to challenge the investigation against him, how would he do it?