Supreme Court Again Backs Republicans in Clash Over Political Ad Rates

Zark News illustration for Supreme Court action on FCC political advertising policy

WASHINGTON — The U.S. Supreme Court on Wednesday again sided with Republicans in a dispute over a Federal Communications Commission policy giving party committees access to discounted broadcast advertising rates, according to Reuters.

The court allowed the FCC to avoid a court-imposed deadline that would have forced it to rule on a Democratic challenge before the November 3 midterms, according to Reuters. Justices Sonia Sotomayor and Ketanji Brown Jackson indicated they would have denied the request, according to Reuters.

The FCC, led by Chair Brendan Carr, changed its lowest unit charge rule in March, according to Reuters. The policy affects discounted rates for certain political ads in the 60 days before a general election, a window that opened September 4.

Democratic candidates, including Senator Jon Ossoff of Georgia, challenged the policy at the FCC in April, according to Reuters. After the agency took no action, they went to the 4th U.S. Circuit Court of Appeals, which on October 7 ordered a prompt ruling and criticized delay, according to Reuters.

Chief Justice John Roberts had earlier lifted an October 9 deadline in the case, according to Reuters. In September the court revived the policy in an 8-1 ruling, saying challengers must wait for the FCC to rule first, according to Reuters.

Republican committees hold a cash advantage heading into the midterms, according to Federal Election Commission filings cited by Reuters.

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