US Supreme Court backs Republicans for second time in TV advertising dispute — The Hill

The US Supreme Court has for the second time backed Republicans in a legal dispute over the cost of televised political advertising ahead of the midterm elections. The justices found it inappropriate to require the Federal Communications Commission (FCC) to expedite its review of Democrats’ complaint over the new advertising-rate policy.

As The Hill reports, the decision was made despite public objections from Justices Sonia Sotomayor and Ketanji Brown Jackson. Both members of the court’s liberal wing did not explain the reasons for their disagreement.

Dispute over discounted rates

Democrats are challenging a policy that provides access to cheaper television advertising rates not only to candidates but also to party committees and joint fundraising committees. The reduced rates apply to both parties, but the decision primarily benefits Republican committees, which have a financial advantage in this election cycle.

The dispute concerns a longstanding federal law requiring broadcast stations to offer campaigns the lowest available advertising rate during the 60 days before a general election. The parties do not dispute candidates’ right to such a discount. The Trump administration insists that the rule also applies to political parties and joint fundraising committees.

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Decision following the appeals court’s position

The Trump administration and the Republican Party appealed to the Supreme Court after lower courts ruled that the FCC had to consider Democrats’ complaint more quickly. The US Court of Appeals for the Fourth Circuit made that decision by a two-to-one majority and set an October 9 deadline for the commission.

Chief Justice John Roberts had previously temporarily suspended that deadline pending the Supreme Court’s decision. In its ruling, the court noted that complying with the requirement would have forced the FCC to revise the priorities of its ongoing review process and prepare a final decision within an extremely tight timeframe.

Last month, the Supreme Court had already considered the case and ruled that Democrats had gone to court prematurely because they needed to wait for the FCC’s decision on their challenge.