Key facts
- The Supreme Court will not expedite a challenge to the FCC's political ad policy.
- Chief Justice John Roberts lifted a lower court's order that mandated the FCC rule on the policy by Friday.
- The FCC modified its "lowest unit charge" rule in March, allowing party committees to pay lower ad rates.
- The policy is seen as a boost to Republicans ahead of the November midterm elections.
- The FCC currently has a 2-1 Republican majority, chaired by Brendan Carr.
- The 4th US Circuit Court of Appeals had accused the FCC of "delay tactics".
The U.S. Supreme Court will not expedite a Democratic challenge to the Federal Communications Commission's political advertising policy, allowing the agency to avoid a judicially imposed deadline for now. Chief Justice John Roberts agreed to lift a lower court's order that had given the FCC until Friday to rule on the challenge.
The FCC modified its "lowest unit charge" rule in March, a move seen as beneficial to Republicans as they seek to retain control of Congress in the upcoming November midterm elections. The FCC, which has a 2-1 Republican majority chaired by Trump ally Brendan Carr, joined two Republican committees in requesting the Supreme Court halt the lower court's action.
The 4th US Circuit Court of Appeals, based in Richmond, had accused the FCC of repeated "delay tactics" and emphasized the urgency of a ruling given the approaching election. This is the second time in recent weeks the Supreme Court has addressed the FCC's policy. In September, the justices revived the policy after the 4th Circuit had blocked it, stating that Democratic candidates must wait for an FCC ruling before filing a court challenge.
The FCC policy gained further significance after the Supreme Court in June struck down federal restrictions on spending coordinated between parties and their candidates. Since that ruling, Republican committees have significantly exceeded former spending limits, while Democratic counterparts have also surpassed them, though by a smaller margin. As of the end of August, three main national Republican committees held approximately $233 million in cash, compared to about $130 million for their Democratic counterparts, who also carried nearly $18 million in debt.