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Up First from NPR

SCOTUS FTC Case, ACA Extension Vote, Zelensky In London

08 Dec 2025

Transcription

Chapter 1: What is the Supreme Court case about presidential power?

1.988 - 6.538 Leila Faldin

The Supreme Court hears a case that could significantly expand presidential power.

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6.838 - 14.675 Amy Martinez

If the court sides with the Trump administration, it would mean presidents could fire heads of independent agencies would a ruling like this destabilize the federal government.

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14.775 - 30.112 Leila Faldin

I'm Leila Faldin, that's Amy Martinez, and this is Up First from NPR News. Millions of people who rely on government subsidized health care could see their premiums skyrocket at the end of the year if Congress does not act. Senators will vote this week.

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30.393 - 35.708 Unknown

There is perhaps no single question that has greater stakes for affordability in America.

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35.857 - 38.881 Leila Faldin

But can lawmakers strike a deal before the subsidies expire?

39.082 - 53.663 Amy Martinez

And Ukraine's president is in London today to meet with the leaders of Britain, France and Germany. Europe is pushing back against some concessions in President Trump's peace plan. But how much influence do they actually have? Stay with us. We'll give you the news you need to start your day.

Chapter 2: How could the Supreme Court ruling affect independent agencies?

59.887 - 85.602 Unknown

Support for NPR comes from NPR member stations and Eric and Wendy Schmidt through the Schmidt Family Foundation. Working toward a healthy, resilient, secure world for all. On the web at theschmidt.org. This message comes from Bloomberg. The Big Take podcast brings you one big story every day about what's shaping the world's economies. The context you need on the stories that move markets.

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85.903 - 105.418 Unknown

Listen to Big Take wherever you get your podcasts. This message comes from TED Talks Daily, a podcast from TED, bringing you new ideas every day through TED Talks and conversations. Learn about the ideas shaping humanity, from connecting with your inner monologue to finding out if aliens exist. Listen to TED Talks Daily.

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105.922 - 121.838 Unknown

This message comes from Bloomberg's Business Week podcast, Everybody's Business, the show that gives listeners a window into the discussions happening in boardrooms, Zooms, and group chats in the power centers around the world. Listen every Friday, wherever you get your podcasts.

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122.678 - 131.332 Amy Martinez

The Supreme Court will hear oral arguments today in a case that could vastly expand the president's power and erode the power of some regulatory agencies.

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131.572 - 136.48 Leila Faldin

The conservative majority on the court has already signaled a willingness to let that happen.

136.741 - 141.328 Amy Martinez

NPR's Andrew Hsu is here to explain. So big day in court, Andrea. Tell us what this case is all about.

141.713 - 145.038 Andrew Hsu

Yeah, well, this case started with the firing of Rebecca Slaughter.

Chapter 3: What are the implications of the Affordable Care Act subsidies expiring?

145.279 - 166.074 Andrew Hsu

She was a Democratic commissioner on the Federal Trade Commission. That's the independent agency tasked with protecting consumers from unfair competition. And back in March, she got an email from the White House informing her that she was being removed from office, not because of any wrongdoing. but because her continued service was inconsistent with President Trump's priorities.

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166.595 - 176.537 Andrew Hsu

She sued, saying the president can't fire her because federal law clearly states that FTC commissioners can only be removed for inefficiency, neglect of duty, or malfeasance in office.

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176.778 - 179.263 Amy Martinez

Okay, and the president didn't accuse Slaughter of any of these things.

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179.547 - 182.712 Andrew Hsu

No, and the lower court agreed that she couldn't be fired.

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Chapter 4: What are the Democrats' plans for extending health care subsidies?

182.753 - 202.487 Andrew Hsu

The judge cited a 1935 Supreme Court decision called Humphrey's Executor. In A, that case involved an FTC commissioner who was fired by FDR over policy disagreements. So the court ruled unanimously that the president has no constitutional power to remove the commissioner for reasons unresolved. other than those allowed by law.

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203.088 - 210.443 Andrew Hsu

The reason they said was because the FTC's duties are not purely executive in nature, but actually predominantly judicial and legislative.

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210.723 - 212.126 Amy Martinez

I did some quick math, Andrea.

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Chapter 5: What challenges do Republicans face regarding health care proposals?

212.206 - 216.675 Amy Martinez

That was 90 years ago, that case, that 1935 case. So why is it being debated all over again now?

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217.06 - 237.162 Andrew Hsu

Well, in short, because the Trump administration thinks the Supreme Court got it wrong back in 1935, they argue that the FTC wasn't just doing judicial and legislative work, that it did exercise executive power back then and far more so today. And they say the Constitution spells out clearly that the president holds all the executive power.

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237.142 - 255.342 Andrew Hsu

Yes, he relies on officers who assist him, including at independent agencies like the FTC, but he must be able to remove those among them who stand in his way. Otherwise, how could he be accountable to the people who elected him? I spoke with James Burnham about this earlier this fall. He's an attorney who's served in both Trump administrations.

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255.622 - 265.393 Amy Martinez

I think the removal protections have been unconstitutional from the beginning. I don't think there is such a thing as an independent agency. So tell us then about the argument that the fired FTC commissioner will bring to court.

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265.829 - 270.759 Andrew Hsu

Well, Slaughter takes issue with the administration's reading of the Constitution. Here's what she told me last week.

Chapter 6: How is President Zelensky engaging with European leaders?

271.08 - 283.365 Rebecca Slaughter

The Constitution does not say the president must do whatever he wants when he's in office. It says he must take care that the laws passed by Congress be faithfully executed.

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283.345 - 303.765 Andrew Hsu

Including, she says, laws that say the president can only remove officers for cause. She says all the presidents since FDR have agreed with this setup until now. Now, on Friday, the D.C. Circuit Court of Appeals upheld the firings of two other independent agency members, the Merit Systems Protection Board and the National Labor Relations Board.

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304.145 - 310.471 Andrew Hsu

The court found that because those agencies wield significant executive powers, the 1935 president doesn't apply.

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310.511 - 312.593 Amy Martinez

All right. So what else should we be listening for?

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312.893 - 329.234 Andrew Hsu

Well, there will probably be talk about another independent agency, the Federal Reserve. Many people have warned that if the Supreme Court says the president can fire FTC commissioners for any reason, then he can also fire members of the Fed, which would send the economy into chaos.

329.715 - 343.453 Andrew Hsu

Now, conservative justices on the Supreme Court have called the Fed a uniquely structured, quasi-private entity with a distinct history. suggesting they might create a special carve-out. There's actually a whole separate case on this, which the court will hear later this month.

343.714 - 345.196 Amy Martinez

That's NPR's Andrew Hsu. Thanks a lot.

Chapter 7: What is the significance of U.S. relations with Europe in the Ukraine conflict?

345.516 - 346.057 Andrew Hsu

You're welcome.

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352.605 - 360.035 Amy Martinez

The enhanced health care subsidies that were created during the COVID pandemic will expire at the end of the month unless Congress acts quickly.

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360.135 - 367.617 Leila Faldin

California Republican Kevin Kiley says it's time for both parties. together to avoid major spikes in premiums.

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368.018 - 377.781 Unknown

There is perhaps no single question that has greater stakes for affordability in America in the coming year than doing something about the expiration of these tax credits.

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377.963 - 382.027 Leila Faldin

So what have the parties done in the last few weeks about those subsidies?

Chapter 8: What are the potential outcomes of the ongoing negotiations in Ukraine?

382.368 - 392.278 Amy Martinez

NPR congressional correspondent Deidre Walsh has been watching. So Deidre, as part of the deal to end the shutdown last month, Democrats were promised a Senate vote on health care. What will they be presenting?

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392.558 - 406.965 Deirdre Walsh

Well, there is no bipartisan deal. So Democrats rolled out their own plan last week, which is a three-year extension of the existing tax credits. And there's going to be a vote on Thursday on that. Senate Minority Leader Chuck Schumer says all Democrats are going to vote for that.

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407.406 - 414.135 Deirdre Walsh

He says Republicans can't agree on any plan of their own, and the only option on the table right now is to pass this straight extension.

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414.455 - 421.204 Unknown

Democrats are fighting to lower health care costs. Republicans are fighting with one another.

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421.705 - 426.972 Deirdre Walsh

But the Democrats' plan is not expected to get the 60 votes needed to advance in the Senate.

426.992 - 428.895 Amy Martinez

Okay, so what do Senate Republicans want?

429.466 - 450.696 Deirdre Walsh

Well, they're split. Some Republicans do back extending the subsidies. You know, 24 million people currently rely on them. But GOP lawmakers say there needs to be some kind of income cuts to limit who gets these subsidies and some reforms. Senate Majority Leader John Thune dismissed the three-year extension that Democrats are proposing. He says it's not a serious proposal.

451.217 - 469.497 Deirdre Walsh

Louisiana Republican Bill Cassidy is pushing Thune and Republican leaders to allow a vote on his proposal. That would redirect money the government spends to subsidize ACA plans and instead give them directly to consumers and set up health care savings accounts. Cassidy talked about this on Fox News Sunday.

469.561 - 475.451 Amy Martinez

We want to give an additional choice, one in which your premium is lower and that you have money and an account to help pay for it.

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