Key facts
- The Supreme Court sided with Republicans in a dispute over FCC political ad rate policy.
- The court allowed the FCC to avoid a deadline for ruling on a Democratic challenge.
- The FCC policy offers discounted advertising rates to political candidates.
- The 4th US Circuit Court of Appeals had accused the FCC of 'delay tactics'.
- Republican committees have a significant cash advantage over their Democratic counterparts heading into the midterms.
The US Supreme Court on Wednesday sided with Republicans in a dispute over a Federal Communications Commission policy that provides discounted TV and radio advertising rates for political committees. The court agreed to allow the FCC, chaired by Trump ally Brendan Carr, to avoid a deadline that would have forced it to rule on a Democratic challenge to the policy before the November 3 midterm elections. The FCC joined two Republican committees in asking the Supreme Court to lift the lower court's deadline. The court's conservative majority of 6-3 meant liberal Justices Sonia Sotomayor and Ketanji Brown Jackson indicated they would have denied the request. The FCC, with a 2-1 Republican majority, modified its 'lowest unit charge' rule in March, a move seen as beneficial to Republicans seeking to retain control of Congress. Chief Justice John Roberts had previously lifted an October 9 deadline set by the Richmond-based 4th US Circuit Court of Appeals, which had accused the FCC of 'delay tactics'. This is the second time in recent weeks the Supreme Court has addressed the FCC's policy, as major Republican committees head toward the midterms with a significant cash advantage over their Democratic counterparts. In September, the court revived the policy after the 4th Circuit blocked it, stating Democratic candidates must wait for an FCC ruling before filing a court challenge. The FCC policy requires broadcasters to charge discounted rates for certain political ads within 60 days of a general election, a window that opened on September 4 this year. Democratic candidates had challenged the policy through in-house FCC proceedings in April, and when the agency took no action, they successfully challenged it in the 4th Circuit, a ruling later halted by the Supreme Court. The 4th Circuit on October 7 ordered the FCC to issue a prompt ruling on the Democratic challenge, stating its 'willingness to tolerate the FCC's delay tactics is at an end.' Republican committees accused the 4th Circuit of 'short-circuiting' the FCC's review process, while Democratic candidates alleged the FCC was engaging in 'blatant procedural trench warfare'. The FCC policy gained significance after the Supreme Court in June struck down federal restrictions on spending coordinated between parties and candidates, a ruling that sided with Republican challengers including Vice President JD Vance. Since that ruling, Republican committees have exceeded former spending limits by over $48 million, while Democratic counterparts exceeded them by under $4 million. As of the end of August, three main national Republican committees had about $233 million in cash, compared to roughly $130 million for their Democratic counterparts, who also carried nearly $18 million in debt.