The next basis, the idea hidden the latest departure off Post III adjudication, has actually nothing separate force

The next basis, the idea hidden the latest departure off Post III adjudication, has actually nothing separate force

That factor looks to whether Congress has attempted to “emasculate” the judiciary by enacting a particular binding arbitration requirement. Thus, Article III prohibits Congress from “creat[ing] a phalanx of non-Article III tribunals equipped to handle the entire business of the Article III courts without any Article III supervision or control.” Id. Absent such a purpose, however, this factor alone would not limit Congress’s authority to enact a mandatory binding arbitration scheme. Discover Thomas, 473 U.S. at 590; Crowell, 285 U.S. at 46.

The factors listed above should not be considered in isolation from one another. Discover, age.grams., Thomas, 473 U.S. at 592 (holding limit on judicial review permissible “in the circumstances” of that statutory scheme). (more…)