The Megyn Kelly Show - November 06, 2025


Trump Calls to End Filibuster, Plane Crash Death Toll Rises, SCOTUS Hears Tariffs： AM Update 11⧸6

Topics
President Trump's tariff policy
Hosted by
Megyn Kelly
Mentioned
Trump Tanya Chutkin Andy Beshear Brian Klassen Barrett Biden Kyrsten Sinema Mark Kalperin Neil Gorsuch Barack Obama Joe Manchin Megan Kelly John Thune Sean Duffy John Sauer Roberts
Mamdani Defeats Cuomo, Sherrill's Big NJ Win, VA Democrats Sweep Gov and AG： AM Update 11⧸5 Ben Shapiro Responds to Tucker Carlson, Plus Sydney Sweeney and Newsom, with Michael Knowles and Andrew Klavan - ＂Megyn Kelly Live＂ in FL ｜ Ep. 1189

Episode Stats


Length

16 minutes

Words per minute

164.01

Word count

2,749

Sentence count

197

Harmful content

Misogyny

1

sentences flagged

Hate speech

2

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

It's time for Republicans to do what they have to do, and that's terminate the filibuster. President Trump is igniting debate among Republicans with his call to kill the filibuster, an update on the horrific plane crash in Kentucky earlier this week, President Trump s tariff policy facing its toughest test yet, and good news for windmill haters.

Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
Topics generated with Qwen2.5-3B-Instruct.
Hosts, guests, and mentioned names generated with spaCy (en_core_web_sm), reconciled against Wikidata.
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00:00:30.000 Hey, good morning, everyone.
00:00:33.900 It's Mark Calprin, host of NextUp, filling in today for the great Megyn Kelly.
00:00:37.980 It's Thursday, November 6, 2025.
00:00:40.400 This is your AM update.
00:00:42.140 It's time for Republicans to do what they have to do, and that's terminate the filibuster.
00:00:45.920 It's the only way you can do it.
00:00:47.340 President Trump igniting debate among Republicans with his call to kill the filibuster.
00:00:52.020 An update on the horrific plane crash in Kentucky earlier this week.
00:00:55.720 Well, does the statute give the power to issue a tariff among its other power?
00:01:00.500 President Trump's tariff policy facing its toughest tests yet, and good news for windmill haters.
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00:02:12.920 In the aftermath of Republican losses in Tuesday's elections and the ongoing government shutdown,
00:02:18.100 President Trump telling Republican senators at a White House breakfast yesterday morning to terminate the filibuster.
00:02:24.360 That's the 60-vote threshold to advance legislation required in the Senate.
00:02:28.800 He says it's the only way to accomplish his own MAGA agenda.
00:02:32.520 Eliminating the filibuster would allow bills to pass with a simple majority,
00:02:37.740 and with the Republicans currently holding a 53-47 advantage, it would bypass the need for any Democratic support.
00:02:44.440 Since the shutdown began, back on October 1st, Senate Democrats refusing to pass a continuing resolution to reopen the government.
00:02:52.280 President Trump arguing that Democrats' obstinance warrants a major response.
00:02:57.900 It's time for Republicans to do what they have to do, and that's terminate the filibuster.
00:03:01.860 It's the only way you can do it.
00:03:03.680 And if you don't terminate the filibuster, you'll be in bad shape.
00:03:07.720 We won't pass any legislation.
00:03:09.720 There'll be no legislation passed for three and a quarter.
00:03:11.940 We have three and a quarter years left.
00:03:13.320 That's a long time.
00:03:14.680 Extensions are supposed to be easy, but if they won't do an extension, they won't do any bill, even a simple bill.
00:03:19.900 And we should do our own bills.
00:03:21.220 We should get out.
00:03:22.120 We should do our own bills.
00:03:23.680 We should open up.
00:03:24.680 We should start tonight with the country's open.
00:03:28.120 Under the Biden administration, many high-profile Democrats regularly pushed to kill the filibuster in order to pass key agenda items, including making Washington, D.C. and Puerto Rico into states, effectively adding four more Democratic senators and adding seats to the Supreme Court.
00:03:44.420 Those bids thwarted by Democratic Senators Joe Manchin of West Virginia, Kyrsten Sinema of Arizona, who both insisted on maintaining the filibuster and establishing bipartisan consensus.
00:03:55.800 With neither Manchin nor Sinema still in the Senate, President Trump saying as soon as Democrats regain power, the filibuster is as good as dead.
00:04:04.300 But the biggest thing is the filibuster.
00:04:07.160 We have to get the country going.
00:04:09.500 We will pass legislation at levels you've never seen before, and it'll be impossible to beat us.
00:04:15.020 By the way, if they do, they're going to do it anyway, and they are going to immediately do the filibuster.
00:04:20.820 And when they do the filibuster, they're going to pack the court.
00:04:23.940 They're going to do all of the things.
00:04:25.160 They're going to pick up electoral votes. 1.00
00:04:27.180 It's going to be a very, very bad situation.
00:04:30.020 And it's done.
00:04:31.180 It's done.
00:04:31.720 According to Axios, Senate Majority Leader John Thune, who would have to lead the charge, saying, quote,
00:04:38.260 I know where math is on this issue in the Senate.
00:04:40.620 It's just not happening.
00:04:44.060 A frightening scene out of Louisville, Kentucky.
00:04:46.280 A UPS cargo plane bursting into flames just after takeoff Tuesday at the Muhammad Ali International Airport.
00:04:52.740 The left wing catching fire and the engine falling off, sending the aircraft crashing into the runway in a massive fireball.
00:04:59.740 The NTSB now investigating the circumstances leading to that accident.
00:05:05.260 Kentucky Governor Andy Beshear, Wednesday afternoon, delivering an update on the casualties.
00:05:10.800 Our fatality count is now up to 11.
00:05:13.780 I expect it to reach 12, possibly, by the end of the day.
00:05:17.540 And there are a handful of other people that we're still searching for that we hope weren't on site and that we hear we're somewhere else.
00:05:27.720 The other piece of news is we are moving from a rescue to a recovery mode.
00:05:33.980 We do not expect to find anyone else alive in the area.
00:05:38.720 Because of that, we now move and put the safety of the first responders at the top of the list.
00:05:45.660 For the 11 that we know we've lost, we're really hurting for their families.
00:05:50.880 We believe that we'll learn that there was one child in those 11 and a young child at that, which makes it all the harder.
00:05:59.860 The death toll has since increased to 12.
00:06:02.060 The governor not releasing any identities until the families are notified.
00:06:05.440 The plane, destined for Honolulu, carrying three individuals at the time of the crash.
00:06:10.540 The aircraft skidding down the runway, colliding with an auto salvage yard and a hazardous waste disposal facility, triggering several more small explosions.
00:06:20.960 Governor Beshear declining to speculate on any potential causes of the crash.
00:06:26.860 Transportation Secretary Sean Duffy ruling out one possible angle at a Wednesday afternoon press briefing.
00:06:32.460 This was not an air traffic control issue.
00:06:35.880 It appears that it was a mechanical issue.
00:06:37.860 Everyone's been clear on that.
00:06:38.920 That is not speculation.
00:06:40.600 Dozens of agencies responding to the scene.
00:06:42.800 A full NTSB report is expected.
00:06:46.080 Flights resumed at the airport yesterday morning.
00:06:50.100 And coming up, President Trump's tariff authority under the Supreme Court's microscope.
00:06:55.060 And bad news for windmills, but good news for lovers of coastal views.
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00:08:10.620 On April 2nd, President Trump's declaring Liberation Day in the Rose Garden, invoking a national
00:08:17.760 emergency to impose sweeping tariffs on dozens of nations.
00:08:21.400 The plan's setting a 10% base tariff on nearly all imports beginning on April 5th and threatening
00:08:27.120 higher reciprocal tariffs on dozens of nations based on their trade agreements with the U.S.
00:08:32.880 Global markets crashing in response to the announcement.
00:08:35.340 The administration then announcing a delay in implementation to allow trading partners
00:08:39.980 more time to negotiate new trade deals.
00:08:42.720 In the last several months, President Trump meeting with a revolving door of various international
00:08:47.400 leaders, most recently on his diplomatic tour through Asia, announcing several new trade
00:08:52.360 deals.
00:08:53.440 Meanwhile, a coalition of Democrat-run states and small businesses filing suit arguing the
00:08:58.440 president lacks authority to impose the tariffs.
00:09:01.220 The legal fight winding its way through lower courts yesterday, reaching the Supreme Court
00:09:06.560 in a consolidated case, learning resources versus Trump.
00:09:10.620 The question now in front of the high court, not whether tariffs are smart policy, but whether
00:09:15.240 the president can use the 1977 International Emergency Economic Powers Act to bypass Congress
00:09:22.340 and impose tariffs on his own.
00:09:25.180 Senior attorney at the American First Policy Institute, Brian Kelsey, who filed an amicus brief in support
00:09:30.600 of the Trump administration, spoke to AM Update on the law the Supreme Court is being asked
00:09:35.840 to rule on.
00:09:36.940 The International Emergency Economic Powers Act, or IEPA as it's referred to, gives the powers
00:09:43.660 to the president to do a lot of different things as long as he declares an emergency.
00:09:47.840 And no one is really questioning the emergencies he's declared.
00:09:52.260 The only issue that they're questioning is, well, does the statute give the power to issue
00:09:56.940 a tariff among its other powers?
00:09:58.660 This statute uses lots of words, and those words are very broad words, and they give sweeping
00:10:05.060 powers to the president, including the powers to nullify, void, prevent, or prohibit goods
00:10:11.760 from coming into the country as long as the president has issued an emergency.
00:10:15.840 And in that instance, there's another phrase that's included that says that the president has
00:10:20.980 the power to regulate importation.
00:10:23.140 And this case really comes down to what does that phrase mean, to regulate importation.
00:10:28.040 If to regulate importation means to issue a tariff, then the president wins.
00:10:33.380 And if it doesn't, then the president loses.
00:10:35.440 Kelsey walked through a key constitutional issue involved in the case, the non-delegation
00:10:39.920 doctrine.
00:10:40.880 The non-delegation doctrine just says that certain powers that are given to Congress under the
00:10:45.660 Constitution, like the power to tax, are given exclusively to Congress, and it can't delegate
00:10:50.700 or give that power away to other parties, including the president.
00:10:54.080 But I think that the Trump administration was very strong in pushing back that the power
00:10:58.640 to tariff in this instance is not exactly like a power to tax.
00:11:02.860 It's much more so the power to regulate imports altogether.
00:11:07.300 And that was the point that we also made in our amicus brief from American First Policy
00:11:10.900 Institute.
00:11:11.220 And I don't see that the non-delegation doctrine will necessarily pick up a lot of support from
00:11:16.640 other justices.
00:11:17.720 But we'll see.
00:11:18.200 The Trump administration's position is straightforward, argues Kelsey.
00:11:22.080 The Trump administration's arguments are, number one, that this law, IEPA, gives the
00:11:28.780 president the power to issue tariffs because it encompasses a whole host of powers, including
00:11:34.860 the power to flat-out prohibit goods from coming into the country altogether.
00:11:39.820 And also, they're arguing that it's really, it's a red herring to look for the word tax
00:11:45.660 in the middle of this law because the tariff is not exactly the same thing as a tax.
00:11:52.240 And in fact, in this case, President Trump has been very clear that he's issuing these
00:11:56.040 tariffs so that he can get better deals from other countries and not just so that he can
00:12:00.500 only get the tax revenue that happens to come along with him.
00:12:03.580 So that's the government's main argument.
00:12:06.040 Solicitor General John Sauer arguing for the Trump administration, facing tough questions
00:12:10.280 from the justices, one of the sharpest exchanges coming from Trump-appointed Justice Neil Gorsuch.
00:12:16.000 So could Congress delegate to the president the power to regulate commerce with foreign
00:12:21.880 nations as he sees fit, delay and collect duties as he sees fit?
00:12:27.820 We don't assert that here.
00:12:30.040 That would be a much harder case now.
00:12:31.380 I want to explain to me how you draw the line because you say we shouldn't be concerned
00:12:35.740 because this is foreign affairs and the president has inherent authority, and so delegation off
00:12:40.880 the books, more or less.
00:12:42.320 And if that's true, what would prohibit Congress from just abdicating all responsibility to
00:12:48.880 regulate foreign commerce, for that matter, declare war, to the president?
00:12:54.020 We don't contend that he could do that.
00:12:56.100 Why not?
00:12:57.020 Well, because we're dealing with a statute, again, that has a whole...
00:12:59.400 I'm not asking about the statute.
00:13:00.880 General, I'm not asking about the statute.
00:13:02.560 I'm asking for your theory of the Constitution.
00:13:06.100 Kelsey predicts that that line of questioning might mean, in terms of how the normally reliably
00:13:10.360 conservative Trump-appointed Justice Gorsuch is thinking.
00:13:14.200 Well, Justice Gorsuch is a big fan of the non-delegation doctrine, and he clearly wants 0.51
00:13:18.400 to go in that direction in this case and perhaps might want to come down against President Trump.
00:13:23.040 And although he's one of the three normally reliable votes for the administration, he seemed
00:13:28.340 to be replaced in this particular case by Justice Kavanaugh, who is clearly very solidly
00:13:34.200 behind President Trump having the power to issue tariffs in this case.
00:13:36.920 So I think the 3-3-3 split remains.
00:13:39.580 It's just that perhaps Justices Gorsuch and Kavanaugh have traded places in this particular
00:13:44.660 case.
00:13:45.600 Kelsey says in the end, it'll likely come down to three swing votes.
00:13:49.320 Three of the justices who tend to be some of the swing votes very much held their cards
00:13:53.920 in their vests and didn't show.
00:13:56.220 That was Chief Justice Roberts, Justice Barrett, and Justice Gorsuch to some extent as well.
00:14:02.680 But there were some very positive signs from Justice Barrett on that.
00:14:05.880 So I'm hopeful it will be a win for the president, but we'll just have to wait and see.
00:14:10.680 There are some serious constitutional questions at issue, and I know the court wants to do a
00:14:15.260 good job in ensuring that the Constitution is upheld.
00:14:19.240 A decision is expected by June, but it could come earlier.
00:14:24.240 A major victory for the Trump administration and for anyone who thinks offshore wind farms are
00:14:30.040 an eyesore. Barack Obama's appointed U.S. District Judge Tanya Chutkin, yes, that's the very same
00:14:36.200 judge who oversaw the president's January 6th case, ruling on Tuesday that the Trump administration
00:14:41.520 is allowed to consider a wind farm permit approval issued three days before the Biden administration
00:14:47.500 ended. Judge Chutkin determining the developers would not, quote, suffer immediate and significant
00:14:53.260 hardship if the Trump administration is allowed to revisit the permitting of the South Coast wind
00:14:58.860 project off the coast of Nantucket, Massachusetts.
00:15:02.460 The massive project includes the proposed construction of 141 wind turbines with the ability to power
00:15:09.140 an estimated 840,000 homes in Massachusetts and in Rhode Island.
00:15:14.200 The developers say they've already spent more than $600 million on the project and will be
00:15:19.620 considering legal options.
00:15:21.420 The Trump administration contending the initial environmental review may have, quote,
00:15:25.180 understated or obfuscated the project's true impacts and not complied with federal law.
00:15:31.020 With this ruling, the administration now can effectively freeze the project, preventing
00:15:35.620 construction for as long as President Trump is in office, with more wind farms now on the
00:15:41.620 chopping block. Two other Biden-approved projects, one off Maryland and another off the Massachusetts
00:15:46.860 coast, already in the administration's crosshairs for possible permit revocation.
00:15:52.580 Well, that'll do it for your AM update. I'm Mark Halperin, host of Next Up. Catch the
00:15:59.200 Megyn Kelly Show today, live on SiriusXM's The Megyn Kelly Channel. That's 111 at Noon East
00:16:05.620 or on YouTube slash Megyn Kelly and all the podcast platforms.
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