It's possible that there's as-yet undisclosed legal action with some of the others; the secrecy around just about any proceeding in the FISC makes it very hard to tell.
> The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Congress certainly does have the 'say so' -- at least with 'inferior Courts'. That still leaves the Supreme Court though as final arbiter.
I'd like to agree with you. I believe there is a category of societal actions that constitutes a court of justice within the framework of a civil society; secrecy doesn't fall into that category.
http://www.wired.com/threatlevel/2013/06/yahoo-failed-fisa-f...
It's possible that there's as-yet undisclosed legal action with some of the others; the secrecy around just about any proceeding in the FISC makes it very hard to tell.