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. Look for 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. Look for, e.g., Thomas, 473 U.S. at 592 (holding limit on judicial review permissible “in the circumstances” of that statutory scheme). For instance, the limited review upheld in Thomas applied to adjudication of a right that was “closely integrated into a public regulatory scheme.” Id. at 594. If the right at issue had been closer to the core with which Article III is particularly concerned, such limited review might not have been approved.
