Supreme Court Allows GOP Campaign Groups to Keep Discounted TV Ad Rates for Midterms

The Supreme Court issued an order on Friday that leaves in place Federal Communications Commission guidance permitting Republican campaign committees to purchase television advertising at rates previously reserved for individual candidates. The court said the challenge to the guidance was premature and that rescinding the rates would impede the committees' ability to communicate with voters in the weeks before the midterms, citing First Amendment concerns.

In an unsigned opinion, the court noted that any future reversal would force the committees to pay higher prices, which could not be remedied later through refunds. The decision follows a lower-court ruling that had limited the discounted rates to candidates only, a restriction the Republican groups argued would disrupt their already-budgeted advertising plans.

The Justice Department, representing the Trump administration, argued that the FCC guidance does not disadvantage Democratic candidates because it applies universally. Four Democratic officeholders – Rep. Kristen McDonald Rivet, former Sen. Sherrod Brown, Sen. Jon Ossoff and former Gov. Roy Cooper – had sued over the rule, while the Republican House and Senate campaign arms intervened to defend it.

The order maintains the status quo for the upcoming election cycle, allowing the Republican National Committee, the National Republican Senatorial Committee and similar entities to continue using the lower rates for television ads.