Up First – November 6, 2025

State Of The Shutdown, SCOTUS Tariff Arguments, Chicago ICE Ruling

Episode Overview

This episode of NPR's Up First examines the fallout and ongoing developments from a record-setting government shutdown, high-stakes Supreme Court arguments over President Trump's tariff authority, and significant court victories for Chicago in the face of aggressive federal immigration enforcement. The hosts break down the latest news, offering expert commentary and on-the-ground reporting.

1. Government Shutdown: Political Fallout and Stalemate

[02:08 – 05:57]

• The Political Impact of Prolonged Shutdown:

  • The government shutdown reaches its 37th day, now the longest in U.S. history, with widespread effects on federal workers and the public.
  • President Trump acknowledges, for the first time, that the shutdown hurt Republicans in recent elections.
  • Democrats feel emboldened by their electoral victories and show less willingness to compromise.

• Inside Republican Tensions Over the Filibuster:

  • President Trump urges Senate Republicans to end the filibuster to pass a funding bill, but GOP senators, including Mike Rounds (SD), refuse:
    • Quote:

      "The Senate was designed to really be a place where consensus is brought about to making decisions that could stand the test of time. Simply going to make the Senate a mini version of the House is not what any of us really want to do."
      — Mike Rounds (03:22)

• Bipartisan Negotiations?

  • Discussions of a short-term funding bill into December and reauthorizing Obamacare subsidies underway, but no real progress.
  • Senator Jon Ossoff (GA) emphasizes urgency but no breakthroughs:
    • Quote:

      "There's real urgency to prevent this huge spike in health care costs and to reopen the government."
      — Jon Ossoff (04:20)

  • Democrats insist any deal must guarantee extension of Obamacare subsidies.
  • Senator Bernie Sanders calls for concrete assurances, not vague votes:
    • Quote:

      "If you simply had a nebulous vote that wasn't going to go anyplace, I think we gotta continue the fight."
      — Bernie Sanders (05:11)

  • Senate and House Minority Leaders Schumer and Jeffries seek a direct meeting with the President. Trump continues to hold out, demanding Democrats back down.

2. Supreme Court Hears Arguments on Trump's Tariff Authority

[06:09 – 09:45]

• Background of the Case:

  • At question is the International Emergency Economic Powers Act (IEEPA) of 1977 and whether it gives the president authority to unilaterally impose tariffs.
  • Businesses and states argue the statute doesn't grant this power—the word "tariff" is absent from the law.

• Government’s Argument:

  • Solicitor General John Sauer contends regulating imports includes the authority to levy tariffs.

• Courtroom Dynamics and Skepticism:

  • Justices, including conservatives, express skepticism; central issue becomes whether Congress can delegate its core power to tax to the executive.

  • Justice Kavanaugh uses a food analogy to probe the boundaries:

    • Quote:

      "He didn’t think they meant to allow a president to regulate imports using, say, sweeping embargoes, but not to impose even a minimal tariff."
      (08:06 paraphrased)

    • Banter in the courtroom lightens the mood:

      "It's not a doughnut hole. It's a different kind of pastry."
      — Daniel Kurtzleben and Laila Faulden (08:09)

  • Justice Gorsuch presses hard on constitutional limits:

    • Quote:

      "What would prohibit Congress from just abdicating all responsibility to regulate foreign commerce, for that matter, declare war to the president?"
      — Justice Gorsuch (08:49) "I'm asking for your theory of the Constitution."
      — Justice Gorsuch (09:03)

• Potential Impact:

  • If the court rules against Trump, the tariffs in question would be deemed illegal, but some could remain under other legal authorities. A ruling is anticipated by July.

3. Chicago’s Legal Victories Against Federal Immigration Crackdown

[09:55 – 13:08]

• City’s Courtroom Wins:

  • Chicago prevails in several legal challenges against Trump administration immigration policy, including a ban on deploying National Guard and limits on federal agents' use of force.

• Notable Testimonies and Incidents:

  • Judge Sarah Ellis hears dramatic accounts:
    • A woman describes being held at gunpoint for filming arrests.
    • A pastor testifies he was shot with pepper balls while praying.
    • Border Patrol Commander Greg Bovino claims force was “more than exemplary,” but under questioning, admits to using tear gas unprovoked.

• Quotes from Testimony:

  • John Seidel recounting courtroom stories:
    • "She heard from a woman who said she found herself staring down the barrel of a gun just for filming the arrest of day laborers." (10:55)
    • "The judge heard from a pastor who said he was shot in the head by pepper balls while praying outside a holding facility." (10:55)

• Conditions Inside ICE Detention:

  • Judge Robert Gettleman is appalled by the conditions at the Broadview holding center:
    • 100–150 people to a cell, sleeping on the floor near dirty toilets.
    • Orders issued: clean bedding for all, twice-daily cleaning, adequate hygiene supplies.
    • Quote:

      "Though it's long been considered a detention or processing center, Judge Gettleman said it seems more like a prison."
      — John Seidel (12:46)

Notable Quotes & Memorable Moments

• Consensus and Senate Traditions:
  "Simply going to make the Senate a mini version of the House is not what any of us really want to do." — Senator Mike Rounds (03:22)

• Democratic Unyielding Stance:
  "The election results were not vague. They were not unclear." — Senator Schumer (05:27)

• Courtroom Humor on Power Boundaries:
  "It's not a doughnut hole. It's a different kind of pastry." — Daniel Kurtzleben and Laila Faulden (08:09)

• Constitutional Checks and Balances:
  "What would prohibit Congress from just abdicating all responsibility to regulate foreign commerce, for that matter, declare war to the president?" — Justice Gorsuch (08:49)

• Conditions in Detention:
  "Gettleman said it seems more like a prison." — John Seidel (12:46)

Timestamps for Key Segments

• Shutdown Political Fallout: 02:08 – 05:57
• SCOTUS Tariff Arguments: 06:09 – 09:45
• Chicago ICE Ruling: 09:55 – 13:08

Tone

The episode maintains NPR’s signature sober, fact-focused, and lightly conversational tone, with injections of humor (particularly in the Supreme Court segment) and moments of deep empathy, especially concerning testimony in the immigration story.

This comprehensive summary captures the essential news, perspectives, and memorable moments from the November 6, 2025 episode of Up First, providing a clear understanding of the day’s top stories for listeners and non-listeners alike.