2---Strikedown – divesting authority means Congress cannot go against the commission’s decision.
Feinstein 22 Brian D. Feinstein, Assistant Professor of Legal Studies & Business Ethics at the University of Pennsylvania, 2022, “Submerged Independent Agencies”, University of Chicago Law School, https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2178&context=public_law_and_legal_theory, liam.
Regarding the language of the delegation, one critical issue in these cases is how a judge interprets the rule subdelegating authority: did the delegator intend to divest themselves of that authority? Indeed, to ensure that an agency abides by its own rules under Accardi, the court has to interpret those rules.93 Sometimes delegators are explicit about this intent. For example, one subdelegation from the Secretary of Commerce to the Director of the Census Bureau regarding population tabulations made clear that “[t]he determination of the Director of the Census shall not be subject to review, reconsideration, or reversal by the Secretary of Commerce.” 94 In other words, the delegator expressly stated that she would not disturb the decision of the delegatee. Another common formulation of this intent to divest authority is when the subdelegation makes clear that the delegatee’s decision will be “final.” Under these circumstances, a court will likely invoke Accardi against a Secretary who seeks to later reverse the Census Director’s decision.