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

0:02Hey, good morning, everyone. It's Mark Calperin, host of Next Up, filling in today for the great Megan Kelly. It's Thursday, November 6, 2025. This is your AM update. It's time for Republicans to do what they have to do, and that's terminate the filibuster. It's the only way you can do it. President Trump igniting debate among Republicans with his call to kill the filibuster. An update on the horrific plane crash in Kentucky earlier this week. Well, does the statute give the power to issue a tariff among its other powers? President Trump's tariff policy facing its toughest tests yet and good news for windmill haters.

0:35All that and more coming up in just a moment here on your AM Update.

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1:24Burning fat helps keep the weight off. If you want to lose meaningful weight at a healthy pace and keep it off, consider adding lean to your diet and exercise lifestyle. Get 20 % off when you enter MK at takelean.com. That's code MK at takelean.com. In the aftermath of Republican losses in Tuesday's elections and the ongoing government shutdown, President Trump telling Republican senators at a White House breakfast yesterday morning to terminate the filibuster. That's the 60 vote threshold to advance legislation required in the Senate. He says it's the only way to accomplish his own MAGA agenda.

2:03Eliminating the filibuster would allow bills to pass with a simple majority, and with the Republicans currently holding a 53 to 47 advantage, it would bypass the need for any Democratic support. Since the shutdown began back on October 1st, Senate Democrats refusing to pass a continuing resolution to reopen the government. President Trump arguing the Democrats' obstinance warrants a major response. It's time for Republicans to do what they have to do, and that's terminate the filibuster. It's the only way you can do it. And if you don't terminate the filibuster, you'll be in bad shape. We won't pass any legislation.

2:39There'll be no legislation passed for three and a quarter. We have three and a quarter years. That's a long time. Extensions are supposed to be easy, but if they won't do an extension, they won't do any bill, even a simple bill. And we should do our own bills. We should get out. We should do our own bills. We should open up. We should start tonight with the country's open. Congratulations. 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.

3:14Those 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. 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. But the biggest thing is the filibuster. We have to get the country going. We will pass legislation at levels you've never seen before, and it'll be impossible to beat us. By the way, if they do, they're going to do it anyway, and they are going to immediately do the filibuster.

3:50And when they do the filibuster, they're going to pack the court. They're going to do all of the things. They're going to pick up electoral votes. It's going to be a very, very bad situation. And it's done. It's done. According to Axios, Senate Majority Leader John Thune, who would have to lead the charge, saying, quote, I know where math is on this issue in the Senate. It's just not happening. A frightening scene out of Louisville, Kentucky, a UPS cargo plane bursting into flames just after takeoff Tuesday at the Muhammad Ali International Airport. The left wing catching fire and the engine falling off, sending the aircraft crashing into the runway in a massive fireball.

4:30The NTSB now investigating the circumstances leading to that accident. Kentucky Governor Andy Beshear Wednesday afternoon delivering an update on the casualties. Our fatality count is now up to 11. I expect it to reach 12, possibly by the end of the day. 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. The other piece of news is we are moving from a rescue to a recovery mode. We do not expect to find anyone else alive in the area. Because of that, we now move and put the safety of the first responders at the top of the list.

5:15for the 11 that we know we've lost. We're really hurting for their families. 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. The death toll has since increased to 12. The governor not releasing any identities until the families are notified. The plane destined for Honolulu carrying three individuals at the time of the crash. The aircraft skidding down the runway, colliding with an auto salvage yard and a hazardous waste disposal facility, triggering several more small explosions. Governor Beshear declining to speculate on any potential causes of the crash.

5:56Transportation Secretary Sean Duffy ruling out one possible angle at a Wednesday afternoon press briefing. This was not an air traffic control issue. It appears that it was a mechanical issue. Everyone's been clear on that. That is not speculation. Dozens of agencies responding to the scene. And a full NTSB report is expected. Flights resumed at the airport yesterday morning. And coming up, President Trump's tariff authority under the Supreme Court's microscope. And bad news for windmills, but good news for lovers of coastal views.

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7:51The plan setting a 10 percent base tariff on nearly all imports beginning on April 5th and threatening higher reciprocal tariffs on dozens of nations based on their trade agreements with the U.S. Global markets crashing in response to the announcement. The administration then announcing a delay in implementation to allow trading partners more time to negotiate new trade deals. In the last several months, President Trump meeting with a revolving door of various international leaders, most recently on his diplomatic tour through Asia, announcing several new trade deals. Meanwhile, a coalition of Democrat-run states and small businesses filing suit arguing the president lacks authority to impose the tariffs.

8:31The legal fight winding its way through lower courts yesterday, reaching the Supreme Court in a consolidated case, Learning Resources v. Trump. The question now in front of the high court, not whether tariffs are smart policy, but whether the president can use the 1977 International Emergency Economic Powers Act to bypass Congress and impose tariffs on his own. Senior attorney at the American First Policy Institute, Brian Kelsey, who filed an amicus brief in support of the Trump administration, spoke to AM Update on the law the Supreme Court is being asked to rule on. The International Emergency Economic Powers Act, or IEPA, as it's referred to, gives the powers to the president to do a lot of different things as long as he declares an emergency.

9:17And no one is really questioning the emergencies he's declared. The only issue that they're questioning is, well, does the statute give the power to issue a tariff among its other powers? This statute uses lots of words, and those words are very broad words, and they give sweeping powers to the president, including the powers to nullify, void, prevent, or prohibit goods from coming into the country as long as the president has issued an emergency. And in that instance, there's another phrase that's included that says that the president has the power to regulate importation. And this case really comes down to what does that phrase mean, to regulate importation?

9:57If to regulate importation means to issue a tariff, then the president wins. And if it doesn't, then the president loses. Kelsey walked through a key constitutional issue involved in the case, the non-delegation doctrine. The non-delegation doctrine just says that certain powers that are given to Congress under the Constitution, like the power to tax, are given exclusively to Congress, and it can't delegate or give that power away to other parties, including the president. But I think that the Trump administration was very strong in pushing back that the power to tariff in this instance is not exactly like a power to tax.

10:32It's much more so the power to regulate imports altogether. And that was the point that we also made in our amicus brief from American First Policy Institute. And I don't see that the non-delegation doctrine will necessarily pick up a lot of support from other justices, but we'll see. The Trump administration's position is straightforward, argues Kelsey. The Trump administration's arguments are, number one, that this law, IEPA, gives the president the power to issue tariffs because it encompasses a whole host of powers, including the power to flat out prohibit goods from coming into the country altogether.

11:10And also, they're arguing that it's really it's a red herring to look for the word tax in the middle of this law because the tariff is not exactly the same thing as a tax. And in fact, in this case, President Trump has been very clear. He's issuing these tariffs so that he can get better deals from other countries and not just so that he can only get the tax revenue that happens to come along with him. So that's the government's main argument. Solicitor General John Sauer arguing for the Trump administration, facing tough questions from the justices. One of the sharpest exchanges coming from Trump-appointed Justice Neil Gorsuch.

11:46So could Congress delegate to the president the power to regulate commerce with foreign nations as he sees fit? To lay and collect duties as he sees fit? We don't assert that here. That would be a much harder case now. I want to explain to me how you draw the line, because you say we shouldn't be concerned because this is foreign affairs and the president has inherent authority. And so delegation off the books, more or less. And if that's true, what would prohibit Congress from just abdicating all responsibility to regulate foreign commerce, for that matter, declare war, to the president? We don't contend that he could do that.

12:25Why not? Well, because we're dealing with a statute, again, that has a whole... I'm not asking about the statute. General, I'm not asking about the statute. I'm asking for your theory of the Constitution. Kelsey predicts that that line of questioning might mean in terms of how the normally reliably conservative Trump-appointed Justice Gorsuch is thinking. Well, Justice Gorsuch is a big fan of the non-delegation doctrine, and he clearly wants to go in that direction in this case and perhaps might want to come down against President Trump. And although he's one of the three normally reliable votes for the administration, He seemed to be replaced in this particular case by Justice Kavanaugh, who is clearly very solidly behind President Trump having the power to issue tariffs in this case.

13:07So I think the 3-3-3 split remains. It's just that perhaps Justices Gorsuch and Kavanaugh have traded places in this particular case. Kelsey says in the end it'll likely come down to three swing votes. Three of the justices who tend to be some of the swing votes very much held their cards in their vests and didn't show. That was Chief Justice Roberts, Justice Barrett, and Justice Gorsuch to some extent as well. But there were some very positive signs from Justice Barrett on that. So I'm hopeful it will be a win for the president, but we'll just have to wait and see. There are some serious constitutional questions at issue.

13:42And I know the court wants to do a good job in ensuring that the Constitution is upheld. A decision is expected by June, but it could come earlier. A major victory for the Trump administration and for anyone who thinks offshore wind farms are an eyesore. Barack Obama's appointed U.S. District Judge Tanya Chutkin, yes, that's the very same judge who oversaw the president's January 6th case, ruling on Tuesday that the Trump administration is allowed to consider a wind farm permit approval issued three days before the Biden administration ended. Judge Shutkin determining the developers would not, quote, suffer immediate and significant hardship if the Trump administration is allowed to revisit the permitting of the South Coast Wind Project off the coast of Nantucket, Massachusetts.

14:32The massive project includes the proposed construction of 141 wind turbines with the ability to power an estimated 840 ,000 homes in Massachusetts and in Rhode Island. The developers say they've already spent more than$600 million on the project and will be considering legal options. The Trump administration contending the initial environmental review may have, quote, understated or obfuscated the project's true impacts and not complied with federal law. With this ruling, the administration now can effectively freeze the project, preventing construction for as long as President Trump is in office, with more wind farms now on the chopping block.

15:12Two other Biden-approved projects, one off Maryland and another off the Massachusetts coast, already in the administration's crosshairs for possible permit revocation. Well, that'll do it for your AM Update. I'm Mark Halperin, host of NextUp. Catch the Megyn Kelly Show today, live on SiriusXM's The Megyn Kelly Channel. That's 111 at noon east or on YouTube slash Megyn Kelly and all the podcast platforms. Thank you.