Why on earth would the FISA court determine constitutionality of the NSA program? Is that just a step in the chain to the Supreme Court?
I think Specter is trying to introduce a measure of inter-branch oversight that is not present when the administration engages in self-oversight.
I think the reason he proposes for FISA to have exclusive power do that is out of acknowledgement of the FISA court's demonstrated ability to keep factual details secret. It is not a stepping stone on the way to SCOTUS.
It is interesting too, that he offers this venue for "objective third party review," instead of Congress. Congress would not get the factual details.
Let's throw Specter under the bus for this idea, shall we?