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US Supreme Court again backs Republicans in clash over political ad rates
The justices said the law gives the FCC no deadline and kept in place a pause on Democrats' challenge to the ad-rate policy.
On Oct 14, the Supreme Court blocked a lower-court order requiring the Federal Communications Commission to address Democratic objections to a new campaign-ad rate policy, extending a pause on judicial review ahead of November elections.
In 2026, the FCC ruled that political parties coordinating with candidates could access the same low advertising rates previously reserved for candidates, prompting legal challenges from four Democrats, including Georgia Sen. Jon Ossoff.
Divided 2-1 on Oct 7, the Richmond-based 4th Circuit Court of Appeals criticized the FCC for "gamesmanship" and said it attempted to "create from whole cloth a new rule entirely outside the purview of judicial review."
Ruling that the FCC may "exercise its discretion to set its own procedures and schedule," the Supreme Court majority acted despite dissents from Justices Sonia Sotomayor and Ketanji Brown Jackson.
Republicans expect to benefit from the intervention, as their committees hold considerably more resources than Democrats, potentially helping the GOP close gaps in battleground races during upcoming elections for control of Congress.