Up First from NPR

Episode Date: December 8, 2025
Hosts: Leila Fadel & A Martinez

Episode Overview

This episode focuses on three major stories shaping US and international politics:

1. A pivotal Supreme Court case that could reshape presidential authority over independent agencies.
2. The looming expiration of enhanced health care subsidies under the Affordable Care Act (ACA) and the political gridlock around their extension.
3. Ukrainian President Volodymyr Zelensky’s meetings in London as Europe reacts to President Trump’s controversial peace plan for Ukraine.

1. Supreme Court: Presidential Power & FTC (02:12–05:54)

Key Points

• Case Background:
  The Supreme Court is considering a Trump administration argument that presidents should be able to fire heads of independent agencies (like the FTC) for any reason.

  • Initiated when President Trump fired Democratic FTC commissioner Rebecca Slaughter, not for misconduct but due to policy differences.
  • Slaughter’s firing challenges a key precedent set by Humphrey’s Executor (1935), which restricts presidential removal to cases of inefficiency, neglect, or malfeasance.

• Arguments:

  • Trump Administration View: The president must have full executive authority, including firing power over all executive officers, to remain accountable to voters.
    • James Burnham, Trump administration attorney:

      "I think the removal protections have been unconstitutional from the beginning. I don't think there is such a thing as an independent agency." (04:24)

  • Opposing View: Slaughter and others argue the Constitution obliges the president to "faithfully execute" laws set by Congress, including those limiting removal powers.
    • 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..." (04:39)

• Possible Consequences:
  A broad ruling could upend the independence of key agencies and even raise concerns about the Federal Reserve’s stability. Conservative justices may carve out exceptions for the Fed (as a separate case is forthcoming).

• Memorable Moment:
  Emmy Martinez on the long-standing precedent:

  "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?" (03:39)

2. ACA Subsidy Extension Vote: Political Deadlock (06:01–09:38)

Key Points

• Expiring Subsidies:
  Pandemic-era premium subsidies for the ACA are set to lapse at the end of December, potentially increasing premiums for millions.

  • Emmy Martinez:

    "There is perhaps no single question that has greater stakes for affordability in America and in the coming year than doing something about the expiration of these tax credits." (06:16)

• Senate Dynamics:

  • Democrats have proposed a three-year extension, unified in support.

  • Republican leadership is divided – some support renewal with income limits, others seek more fundamental reforms (health savings accounts, direct payments).

    • Senator Bill Cassidy (R-LA) advocates alternatives:

      "We want to give an additional choice, one in which your premium is lower and that you have money in an account. They'll pay for it." (07:58)

  • No bipartisan deal is imminent. Senate Minority Leader Schumer says Republicans lack consensus and plan to only present a Democratic extension, which is unlikely to clear the 60-vote threshold.

• House Outlook:

  • Speaker Mike Johnson preparing a bill, but details are unknown; House Republicans are split, with some joining Democrats on shorter, reform-oriented extension bills.

• White House Role:
  President Trump has remained on the sidelines, neither endorsing legislation nor negotiating a compromise.

  • Deirdre Walsh:

    "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." (09:26)

3. Zelensky in London & Europe Pushes Back on Trump’s Ukraine Plan (09:44–13:00)

Key Points

• Trump’s Peace Plan:
  President Trump has introduced a framework to end Russia’s war in Ukraine, claiming Russia favors it but suggesting Ukrainian President Zelensky is hesitant.

  • Trump:

    "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." (10:01)

• Ukrainian & European Response:
  Ukrainian officials seek changes, believe the peace plan favors Russia, and suspect it may have been written with Russian input.

• Zelensky’s Diplomatic Efforts:

  • In London, Zelensky meets with UK, France, and Germany – Ukraine’s top European backers in aid and security.
  • Lauren Frayer (NPR, in London):

    "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." (11:07)

• Rising European Concerns:

  • Trump’s revised national security strategy alarms Europe, referencing migration as “civilizational erasure” and suggesting US support for far-right European parties. The Kremlin praised the document, intensifying fears of US alignment with Russian interests.
    • Lauren Frayer:

      “It sent chills down the backs of many leaders in Europe... the Kremlin spokesperson praised this document and said that it is in line with Russian President Vladimir Putin's vision.” (11:36)

• Europe's Role & Security:
  European leaders are anxious about being sidelined, with private conversations expressing fears that the US will “betray Ukraine.” Russian submarine activity near the UK is up 30% over two years, prompting Europe to boost its own defense investments.

Quotes & Notable Moments

• On Presidential Power:

  • "I think the removal protections have been unconstitutional from the beginning. I don't think there is such a thing as an independent agency." (James Burnham, 04:24)
  • "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..." (Rebecca Slaughter, 04:39)

• On ACA Subsidies:

  • "There is perhaps no single question that has greater stakes for affordability in America and in the coming year than doing something about the expiration of these tax credits." (Emmy Martinez, 06:16)
  • "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..." (Deirdre Walsh, 09:26)

• On Ukraine:

  • "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." (President Trump, 10:01)
  • "The goal of today's meetings is for leaders to put their arms around Zelensky to demonstrate that Europe remains very supportive..." (Lauren Frayer, 11:07)
  • “It sent chills down the backs of many leaders in Europe... the Kremlin spokesperson praised this document and said that it is in line with Russian President Vladimir Putin's vision.” (Lauren Frayer, 11:36)

Timestamps for Key Segments

• SCOTUS FTC Case: 02:12–05:54
• ACA Extension Debate: 06:01–09:38
• Zelensky in London, European Reactions: 09:44–13:00

This episode deftly tracks a moment of intensifying political and geopolitical uncertainty: foundational questions over executive power, unresolved battles over health care access, and the limits of Western solidarity in the Ukraine-Russia conflict. The tone is urgent but analytical—balancing expert explanation with on-the-ground updates.