What Happened?

If every commercial break seems to bring another political ad, a Supreme Court order this week means party committees can keep buying some of that airtime at the cheapest rate TV stations offer, at least for now. The court voted 7 to 2 on Wednesday, Oct. 14, to block a lower court’s order that would have forced the Federal Communications Commission to decide quickly whether parties qualify for that discount, Newsweek reported. Justices Sonia Sotomayor and Ketanji Brown Jackson would have denied the request. ​

Federal law requires broadcasters to sell candidates ads at their “lowest unit charge” in the 60 days before a general election, which began Sept. 4 this year. In March, the FCC’s Media Bureau said political parties running ads in coordination with candidates, and joint fundraising committees, could get that rate too. Super PACs and other outside groups don’t qualify.

Why Does It Matter To Me?

Cheaper airtime lets party committees run more ads for the same money in the final weeks of the race. Campaigns and groups are still booking that time, and Legis1’s daily tracker of political ad buys filed with the FCC shows how much Republican-aligned and Democratic-aligned groups have reserved in each state for the next four weeks. Those are commitments for future ads, not money already spent, and they reflect where ads will air rather than which race they target.

Both Sides, Now

Republican Party committees have fought to keep the discount. The National Republican Congressional Committee and National Republican Senatorial Committee asked the Supreme Court to step in, and Republican National Committee Chair Joe Gruters said the RNC “helped stop this blatant attack on political speech,” Townhall reported.

Four Democrats on the ballot this year, Sen. Jon Ossoff (D-GA), Rep. Kristen McDonald Rivet (D-MI), former Sen. Sherrod Brown and former Gov. Roy Cooper, challenged the guidance, arguing the law reserves the discount for candidates. A divided panel of the 4th U.S. Circuit Court of Appeals agreed in August. FCC Commissioner Anna Gomez, a Democrat, called the guidance “unofficial and unlawful” and said the Supreme Court’s September stay “throws the final stretch of the midterms into chaos,” Inside Radio reported.

What Happens Next?

The Supreme Court put the August ruling on hold Sept. 4 while the Republican committees seek a full review, and this week’s order stops the appeals court from setting the FCC’s deadline. Neither order decides whether parties are entitled to the discount, the Desk reported.

The FCC still has to rule on challenges to its guidance, including one from the Television Bureau of Advertising, which represents broadcasters who must provide the lower rates. Voters head to the polls Tuesday, Nov. 3.

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