What is the test for delegation of authority to a non-Article III officer?
MultiRegion, United States of America
The following excerpt is from Austin v. Healey, 5 F.3d 598 (2nd Cir. 1993):
Accordingly, when we evaluate a congressional delegation of authority to a non-Article III officer, we eschew "doctrinaire reliance on formal categories," Thomas v. Union Carbide Agric. Prods. Co., 473 U.S. 568, 587, 105 S.Ct. 3325, 3336, 87 L.Ed.2d 409 (1985), and, instead, weigh a number of competing factors with the goal of preserving the values embodied in Article III:
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