Republican groups seek Supreme Court relief to keep discounted TV ad rates

Republican campaign committees and affiliated groups filed an emergency petition with the Supreme Court on Monday, requesting that the Court permit them to purchase television advertising at the discounted rates required by federal law. The appeal follows a recent 6-3 decision by the Court that struck down limits on coordination between political parties and federal candidates, a ruling that Republicans view as advantageous for their campaign financing.

Under a Federal Communications Commission (FCC) interpretation issued earlier this year, political parties and other entities are entitled to the same reduced ad rates that broadcasters must offer to individual candidates. The Republican House and Senate party committees said they had "budgeted tens of millions of dollars in ad buys under these rules," but that broadcast stations were rescinding the rates after a lower-court ruling.

The filing argues that federal courts lack jurisdiction because the FCC guidance is neither a final agency action nor a binding rule. The petition asks the Court to act by Friday.

The Justice Department submitted a brief supporting the Republican position. > "The notice does not grant favored treatment to one side or the other; instead, the notice’s interpretation offers the same benefit to all sides, including the challengers themselves and the committees and parties supporting them," said Solicitor General D. John Sauer.

A three-judge panel of the 4th U.S. Circuit Court of Appeals recently held that the lower rate applies only to candidates, with Judge Robert King writing, "The term ‘candidate’ means ‘candidate.’" Judge J. Harvie Wilkinson III dissented, describing the panel’s decision as an "assault" on the long-standing collaboration between candidates and parties.

Four Democratic officeholders—Rep. Kristen McDonald, former Sen. Sherrod Brown, Sen. Jon Ossoff and former Gov. Roy Cooper—sued over the FCC’s interpretation. The Republican campaign arm intervened to defend the guidance.

The Supreme Court is expected to rule on the emergency appeal in the coming weeks.