SCOTUS FTC Case, ACA Extension Vote, Zelensky In London

0:01The Supreme Court hears a case that could significantly expand presidential power. If the court sides with the Trump administration, it would mean presidents could fire heads of independent agencies where a ruling like this destabilized the federal government. I'm Laila Faldin. That's A. 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. There is perhaps no single question that has greater stakes for affordability in America.

0:35But can lawmakers strike a deal before the subsidies expire? 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.

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2:31The 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. The conservative majority on the court has already signaled a willingness to let that happen. NPR's Andrea Hsu is here to explain. So big day in court, Andrea. Tell us what this case is all about. Yeah, well, this case started with the firing of Rebecca Slaughter. 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.

3:14She 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. Okay, and the president didn't accuse Slaughter of any of these things. No, and the lower court agreed that she couldn't be fired. 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 other than those allowed by law.

3:51The reason, they said, was because the FTC's duties are not purely executive in nature, but actually predominantly judicial and legislative. I did some quick math, Andrea. That was 90 years ago, that case, that 1935 case. So why is it being debated all over again now? 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.

4:25Yes, 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. 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. Well, Slaughter takes issue with the administration's reading of the Constitution.

4:58Here's what she told me last week. 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. 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. The court found that because those agencies wield significant executive powers, the 1935 president doesn't apply.

5:39All right. So what else should we be listening for? 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. 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.

6:12That's NPR's Andrew Hsu. Thanks a lot. You're welcome.

6:20The enhanced health care subsidies that were created during the COVID pandemic will expire at the end of the month unless Congress acts quickly. California Republican Kevin Kiley says it's time for both parties to work together to avoid major spikes in premiums. 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. So what have the parties done in the last few weeks about those subsidies? NPR congressional correspondent Deirdre Walsh has been watching. So Deirdre, as part of the deal to end the shutdown last month, Democrats were promised a Senate vote on health care.

6:59What will they be presenting? 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. 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. Democrats are fighting to lower health care costs. Republicans are fighting with one another. But the Democrats' plan is not expected to get the 60 votes needed to advance in the Senate.

7:35OK, so what do Senate Republicans want? 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 cats 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. 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.

8:15Cassidy talked about this on Fox News Sunday. We want to give an additional choice, one in which your premium is lower and that you have money in an account to help pay for it. So Thune hasn't decided if the Republicans are even going to put up an alternative for a vote. Even if Republicans do move forward with something like Cassidy's plan, that doesn't have the votes to advance in the Senate either. You know, these are shaping up to be messaging votes. Right now, there's not an effort to get agreement on something that can actually become law. OK, so what about the House? Well, House Speaker Mike Johnson is planning to release a health care bill this week.

8:49He's promising a vote this month, but we don't have any details on what's going to be in it. And he's not negotiating with any Democrats. Like Senate Republicans, House Republicans are also divided. Some, like the health savings account approach Cassidy's talking about. But there are other House Republicans from swing districts who are teaming up with Democrats to push bills. They call for one or two year extensions of these subsidies with some reforms. All right, so we've talked about the Senate and the House. What about the White House? Where is the president on this debate? Well, the president has mostly been on the sidelines.

9:22You know, some Republicans from competitive districts I talked to last week say they've reached out to him and the White House to talk about the policy and the politics about the need to extend these subsidies in some form. But President Trump has not endorsed any legislation. Members of both parties agree on one thing. If Trump doesn't get involved to negotiate some kind of deal soon, these major increases in health care premiums are going to happen in January. And they will definitely be a major issue in the 2026 midterms. That's NPR's Deirdre Walsh. Hopefully those are not wolves at your door, Deirdre, just dogs.

9:56Thanks for your time. Thank you.

10:04President Trump is repeating a familiar pattern. He suggests a peace plan to end Russia's war in Ukraine. He or his negotiators talk to one side, then the other. And after talking to Russia, he puts President Volodymyr Zelensky on the spot. Here's what Trump told reporters Sunday night at the Kennedy Center. Russia is, I believe, fine with it, but I'm not sure that Zelensky is fine with it. His people love it. But he hasn't read it. Ukrainian officials have been calling for changes to that White House proposal, which they see as favoring, perhaps even written by, Russia. NPR's Lauren Frayer is in London, where Zelensky is meeting with some of his European allies.

10:44So Lauren, Zelensky called the weekend talks with President Trump's Special Envoy Steve Witkoff and his son-in-law, Jared Kushner, quote, constructive, though not easy. Today in London, though, might be much different. Much friendlier. Zelensky's meeting today with leaders of Britain, France, Germany. They're three of his biggest supporters, the three NATO countries with the biggest budgets besides the U.S., incidentally. And they're leading a coalition of the willing to help defend Ukraine with aid, with weapons, possibly even with French and British peacekeepers on the ground if and when there is a peace deal.

11:17I asked Mujtaba Rahman, the Europe Managing Director at the Eurasia Group, it's a risk analysis firm, and he said the goal of today's meetings is... For leaders to put their arms around Zelensky to demonstrate that Europe remains very supportive of Ukraine in the Ukraine position, and then to inch the substance more closely to the Ukrainian and the European position. And this is the next step of that pattern you mentioned, A, European leaders rallying behind Ukraine. Now, late last week, the Trump administration published a revised national security strategy, which referenced Europe quite a bit.

11:53And Lauren, it seems like it's got a lot of people worried. It sent chills down the backs of many leaders in Europe because it said immigration is leading to civilizational erasure in Europe. And it suggested that the U.S. would support far-right parties here. And perhaps most tellingly, the Kremlin spokesperson praised this document and said that it is in line with Russian President Vladimir Putin's vision. And so this document has sort of fueled suspicion already existing here in Europe that the Trump administration is more aligned with Russia than its longtime allies in the rest of Europe, both in general and in these Ukraine talks.

12:33OK, so then what does this then say about the U.S. relationship with Europe as well and also maybe the role of Europe in these negotiations? Yeah, it's another familiar pattern. You know, Europeans are fighting for a seat at the negotiating table here, and the Trump administration has been largely ignoring them. I mean, last week, a German magazine published a leaked transcript of a phone call among European leaders in which French President Macron and others said they're worried that the U.S. will betray Ukraine in these talks. And these are talks that involve European security. I mean, the U.K.

13:04says Russian submarine incursions into its own waters have jumped 30 percent in the past two years. So you've got Europe scrambling to fund its own defense now, defense that was largely sort of guaranteed by the U.S. since World War II. And that's no longer the case under the Trump administration. That's NPR's Lauren Frayer in London. Thanks a lot. You're welcome.

13:26And that's up first for Monday, December 8th. I'm Amy Martinez. And I'm Leila Faudel. The news you hear on Up First is possible because of support from listeners like you. When you give to your local NPR station, you help keep journalists on the ground here at home and around the world. You can make a donation at donate.npr.org slash Up First. And for more news and conversations, listen to our radio show, Morning Edition. You can find it on your local NPR station or at npr.org. Today's episode of Up First was edited by Christian F. Calamore, Dana Farrington, Miguel Macias, Mohamed Elbardisi, and H.J.

14:02Mai. It was produced by Katie Klein, Nia Dumas, and Christopher Thomas. We get engineering support from Stacey Abbott, and our technical director is Carly Strange. Join us again tomorrow.

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