Supreme Court keeps party ad discounts in place through the midterms

Political parties can keep buying TV and radio time at discounted candidate rates through the Nov. 3 elections after a Supreme Court order this week.

The order

In an unsigned order on Wednesday, Oct. 14, the court blocked a ruling by the 4th U.S. Circuit Court of Appeals that had given the Federal Communications Commission 48 hours to decide a challenge to its political advertising policy, Newsweek reported. The court said the appeals court's use of an extraordinary writ was inappropriate and that the law does not set a deadline for the agency to act.

The vote was 7-2. Justices Sonia Sotomayor and Ketanji Brown Jackson would have denied the request and did not write separately, according to Newsweek.

The dispute

Federal law requires broadcasters to sell ad time to candidates at their lowest rates in the weeks before an election. In March, the FCC's Media Bureau told stations to extend that discount to parties running ads in coordination with candidates, and to some joint fundraising committees.

Four Democrats challenged the guidance: Sen. Jon Ossoff of Georgia, Rep. Kristen McDonald Rivet of Michigan, Sherrod Brown of Ohio and Roy Cooper of North Carolina, CBS News reported. The 4th Circuit set the policy aside in August, but the Supreme Court paused that decision on Sept. 4.

The justices did not decide whether the FCC's reading of the law is correct, Newsweek noted.

Reaction

An FCC spokesperson welcomed the order. Erin Chlopak of the Campaign Legal Center, which backs the Democrats, called it "disappointing and misguided." Republican National Committee Chairman Joe Gruters praised the court, The Daily Signal reported.

AdImpact projects political ad spending this cycle will reach $11.6 billion, according to The Daily Signal.