The Megyn Kelly Show – AM Update 11/6

Host: Mark Halpern (filling in for Megyn Kelly)
Date: November 6, 2025
Episode Theme:
A concise breakdown of pressing political and legal news, focusing on President Trump’s call to end the Senate filibuster, updates on the Kentucky plane crash, and a Supreme Court hearing on the President’s authority to impose tariffs. The episode also discusses the Trump administration’s legal battle with offshore wind projects.

Main Topics & Key Discussion Points

1. Trump Calls to End the Filibuster

• Context:
  In the wake of GOP losses in recent elections and an ongoing government shutdown, President Trump urges Republicans to quickly end the Senate filibuster—a rule requiring 60 votes to advance legislation, currently stymieing Republican bills due to Democratic opposition.
• Trump’s Rationale:
  • Emphasizes that it’s the “only way” to implement the MAGA agenda and overcome Democratic obstruction.
  • Points out that with a GOP 53-47 majority, ending the filibuster would eliminate the need for bipartisan support.
• Quote:

  "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...if you don't terminate the filibuster, you'll be in bad shape. We won't pass any legislation."
  — Donald Trump [02:57]

• Wider Implications:
  • Historical Democratic attempts to nix the filibuster for progressive policies.
  • With key moderates Manchin and Sinema gone, Trump predicts Democrats “will do it anyway” if they regain power.
  • Senate Majority Leader John Thune is skeptical about having the votes:

    "I know where math is on this issue in the Senate. It's just not happening." [04:32]

2. Kentucky Plane Crash Update

• Incident:
  UPS cargo plane crashes at Louisville’s Muhammad Ali International Airport, bursting into flames after takeoff, colliding with an auto salvage yard and hazardous waste facility.
• Casualties:
  • Governor Andy Beshear reports deaths rising to 11, possibly 12, including a “young child.”
  • Move from rescue to recovery operations.
• Quote:

  "Our fatality count is now up to 11, expected to reach 12, possibly by the end of the day...For 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."
  — Governor Andy Beshear [05:10]

• Cause:
  • Declared not an air traffic control error; likely mechanical.

    "This was not an air traffic control issue. It appears that it was a mechanical issue."
    — Andy Beshear [06:33]

• Response:
  • NTSB leading investigation. Flights resumed the next day.

3. Supreme Court & Trump’s Tariff Authority

• Background:
  Trump invoked a national emergency in April to impose 10% base tariffs on nearly all U.S. imports, citing the International Emergency Economic Powers Act (IEEPA).
  • Global markets tumbled; legal challenges ensued (coalition of Democrat-run states, small businesses).
  • SCOTUS combines suits into Learning Resources v. Trump.
• Central Legal Question:
  Does the IEEPA allow the President to unilaterally impose tariffs, or is that power reserved for Congress?
• Expert Analysis:
  • Brian Kelsey (America First Policy Institute):
    • Argues IEEPA’s “regulate importation” language gives the President broad authority.
    • Non-delegation doctrine unlikely to prevail—power to prohibit imports ≠ power to tax.

    “If to regulate importation means to issue a tariff, then the president wins. And if it doesn't, then the president loses.”
    — Brian Kelsey [09:35]

• Key Supreme Court Exchange:
  • Justice Gorsuch: Concerned about constitutional overreach and delegation of Congressional powers.

    "So could Congress delegate to the President the power to regulate commerce with foreign nations as he sees fit, lay and collect duties as he sees fit?"
    — Justice Gorsuch [12:16]

  • Solicitor General for Trump pushes back, distinguishing tariffs from taxes.
  • Gorsuch presses about non-delegation:

    "I'm not asking about the statute, General. I'm asking for your theory of the Constitution."
    — Justice Gorsuch [12:59]

• Predicted Court Dynamics:
  • Gorsuch, a non-delegation adherent, may break from Trump; Kavanaugh appears to support executive authority.
  • Three swing justices—Roberts, Barrett, and Gorsuch—are seen as pivotal.

    “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.”
    — Brian Kelsey [14:02]

• Decision Expected:
  By June (possibly earlier); outcome could redefine executive power in trade.

4. Wind Farm Litigation—A Trump Administration Victory

• Legal Challenge:
  • U.S. District Judge Tanya Chutkan rules the Trump administration can revisit environmental permits for the massive South Coast wind project off Nantucket, issued just before Biden’s exit.
  • Developers invested $600 million+; risk of project freeze.
  • Ruling allows administration to halt construction, possibly for Trump’s full term.
• Broader Impact:
  • Two other Biden-approved coastal wind projects now face permit scrutiny.
  • Argument centers on possibly inadequate environmental review by prior administration.

  • “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.”
    — Mark Halpern [15:22]

Notable Quotes & Memorable Moments

• On the Filibuster Debate:

  "And when they do the filibuster, they're going to pack the court...It's going to be a very, very bad situation. And it's done. It's done."
  — Donald Trump [04:04]

• On the Plane Crash:

  “We do not expect to find anyone else alive in the area...which makes it all the harder.”
  — Governor Andy Beshear [05:10]

• On Supreme Court Power Struggle:

  "Well, Justice Gorsuch is a big fan of the non delegation doctrine...he clearly wants to go in that direction in this case and perhaps might want to come down against President Trump."
  — Brian Kelsey [13:13]

• On Wind Farm Legal Strategy:

  “With this ruling, the administration now can effectively freeze the project, preventing construction for as long as President Trump is in office.”
  — Mark Halpern [15:39]

Key Timestamps for Segments

• [00:41] — Start of the main news: Trump on the filibuster
• [02:13] — Explanation of political stakes, filibuster context
• [04:32] — Senate leadership, shifting numbers
• [05:10] — Governor Beshear update on Kentucky plane crash casualties
• [06:33] — Update on cause of the plane crash
• [08:12] — Introduction to the tariff legal fight and SCOTUS
• [09:35] — Brian Kelsey: Legal analysis on presidential tariff power
• [12:16-13:13] — Justice Gorsuch questions, signal on non-delegation
• [14:19] — Judicial dynamics on the Supreme Court
• [15:22] — Offshore wind farm litigation update

Final Thoughts

This AM Update episode of The Megyn Kelly Show, under Mark Halpern’s stewardship, stays true to a brisk, news-driven format, tracking major headlines that blend the latest political drama with critical court cases and national news. Listeners get a sharp insider view on both the legislative chess over the filibuster and the high-stakes fight over presidential powers, plus the human impact of a devastating aviation tragedy and the shifting landscape in renewable energy policy.