Case Brief

For this assignment, please read the recent U.S. Supreme Court case National Federation of Independent Business v. OSHA and write a case brief on the opinion (pg. 1-9). Please submit the case brief, along with a version of the case that you have highlighted.

You will be evaluated on your following the directions, your understanding of the case, and your understanding of the case brief format (see sample Broke Ass Phone brief), as well as your writing mechanics (grammar, spelling, etc.).Please use Times New Roman 12pt font and do not double space your case brief.
 
Also Below is what is needed to be corrected from orginal case study

Procedural History: 15/20 (not sure what you meant with regards to the 5th and 6th Circuits’ holdings; applicants are seeking emergency relief from the U.S. Supreme Court)

Facts: 15/20 (missing the language of the mandate and the issuance of the emergency rule; be more methodical about each section, i.e. think about the order of events)

Issue/Holding: 15/20 (issue was correct, but could be more a bit more explicit/holding is missing a summary of the court’s reasoning; the court writing the opinion is the U.S. Supreme Court, not a trial court)

Rules: 5/20 (missing the rule that describe what OSHA is empowered to do, i.e. ensure occupational safety that is safe and healthful working conditions; missing the rule that states the exception to ordinary notice-and-comment procedures for emergency temporary standards)

Analysis/Application: 0/20 (the Court’s analysis states that the mandate falls outside of OSHA’s purview based on the rules above, and that COVID-19 is not an occupational hazard)

Missing highlighted case: -5

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