Supreme Court backs GOP bid for lower broadcast ad rates
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The Court ruled that the Federal Communications Commission should handle the dispute over reduced broadcast advertising charges, giving Republican candidates a pricing advantage in the final weeks of the campaign.
The U.S. Supreme Court on Wednesday affirmed a lower-rate rule for broadcast campaign ads that benefits political parties and their fundraising committees, a decision that favors Republican candidates as the midterm election draws to a close. The Court, in an unsigned order, said the issue should be left to the Federal Communications Commission, emphasizing that the judiciary should not intervene in the workings of another government branch.
The ruling follows a fast-track appeal filed by the Trump administration and the National Republican Congressional Committee, which sought to uphold a Federal Communications Commission notice that extended the legally-mandated lower unit charge—normally reserved for “legally qualified” candidates—to parties and joint fundraising committees. The FCC, under Republican control, issued the notice on March 30 without providing a detailed justification or holding a hearing.
Democratic officials have challenged the change, arguing that the FCC exceeded its authority. The nonpartisan Campaign Legal Center called the rule “contrary to the text and purpose of the federal statute and would effectively grant super PACs an advertising discount.” Anna Gomez, the lone Democrat on the FCC, said, ">The American public should not have sweeping election-year rule changes forced on them in the dark, on the eve of the election, without a single opportunity for public input."
Earlier, the 4th Circuit Court of Appeals had ruled in favor of Democrats, but the Supreme Court reversed those decisions, with Justice Ketanji Brown Jackson dissenting. In a separate dissent, Justice Sonia Sotomayor joined Jackson in opposing the administration’s appeal. The Court’s decision leaves the lower-rate policy in place pending further action by the FCC.