US Supreme Court Strikes Down IEEPA Tariffs - Steptoe

The U.S. Supreme Court recently issued significant decisions impacting employer-mandated vaccination policies, specifically striking down a federal requirement for large employers while upholding another for healthcare facilities. These rulings, delivered on January 13, 2022, have immediate implications for businesses, including importers who operate as employers.

In the case of National Federation of Independent Business v. Occupational Safety and Health Administration (NFIB v. OSHA), the Supreme Court blocked the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard (ETS). This ETS, which was issued on November 5, 2021, and became effective on January 10, 2022, would have required employers with 100 or more employees to implement mandatory COVID-19 vaccination policies or ensure unvaccinated employees underwent weekly testing and wore masks. The Court found that OSHA exceeded its statutory authority by issuing such a broad public health measure.

Conversely, in Biden v. Missouri, the Supreme Court allowed the Centers for Medicare & Medicaid Services (CMS) vaccine mandate for healthcare facilities that receive federal funding. This mandate, issued on November 4, 2021, also became effective on January 10, 2022, with compliance deadlines for the first dose by January 27, 2022, and the second dose by February 28, 2022. The Court determined that CMS acted within its authority to ensure the health and safety of patients in facilities receiving federal funds. Therefore, while large employers are no longer subject to the OSHA ETS, healthcare facilities must proceed with implementing the CMS mandate.

For importers, particularly those with 100 or more employees, the immediate effect is that the federal OSHA ETS vaccine-or-test mandate no longer applies. However, these decisions do not preclude individual states or localities from implementing their own vaccine mandates or other COVID-19 safety protocols. Importers should:

• Review their current internal vaccination and testing policies in light of these Supreme Court decisions.
• Monitor and understand any state or local vaccine mandates that may apply to their operations.
• Be aware of other potential federal mandates, such as those for federal contractors, which remain in effect.
• Consult with legal counsel to ensure their workplace policies comply with all applicable federal, state, and local regulations.