Supreme Court sides with Republicans in dispute over cost of campaign ads
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Court → side → ads
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- The Supreme Court gave political parties and their fundraising committees lower rates for broadcast campaign ads.
- Justices Sonia Sotomayor and Ketanji Brown Jackson voted to deny the administration’s appeal.
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Sotomayor → click → appeal
The Supreme Court sided with Republicans Wednesday and gave political parties and their fundraising committees lower rates for broadcast campaign ads.
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Court → side → ads
Over two dissents, the justices granted a fast-track appeal from the Trump administration and the National Republican Congressional Committee and upheld the use of the GOP-friendly rule in the midterm election.
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justices → grant → election
In a brief order, the court said the issue should be left to the Federal Communications Commission.
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issue → say → Commission
The outcome has given Republican candidates an advertising edge in the final weeks of the campaign.
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outcome → give → campaign
Federal law says a “legally qualified candidate” running for election is entitled to a “lower unit charge” for campaign ads in the 60 days prior to an election.
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candidate → say → election
However, on March 30, the FCC, under Republican control, announced that broadcasters must extend the lower rates to political parties and their joint fundraising committees.
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broadcasters → announce → parties
The FCC notice did not explain the basis for this change, and it refused to hold a commission hearing to debate the issue.
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it → explain → issue
But the change was seen as benefiting Republicans.
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change → see → Republicans
Democratic candidates have raised more money from direct but limited contributions from individuals, while Republicans have raised far more through party committees that are funded by wealthy donors.
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that → raise → donors
The non-partisan Campaign Legal Center said the FCC’s rule change was “contrary to the text and purpose of the federal statute and would effectively grant super PACs an advertising discount.”
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change → say → discount
Anna Gomez, the lone Democrat on the FCC, issued a statement objecting to the change.
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Gomez → issue → change
“The American public should not have sweeping election-year rule changes forced on them in the dark, on the eve of the election, without a single opportunity for public input,” she said.
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she → have → input
Democratic Senate candidates Sherrod Brown of Ohio, Jon Ossoff of Georgia and Roy Cooper from North Carolina objected to the FCC rule change in April and and asked for a review.
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candidates → object → review
When no action was taken, they filed suit in federal court.
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they → take → court
They argued the FCC had no authority to change the law that gave only candidates, not fundraising committees, the benefit of the lower ad rates.
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that → argue → rates
Since then, the two sides have gone back and forth in the courts, with both accusing the other of seeking a late change in the rules.
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both → go → rules
The U.S. 4th Circuit Court of Appeals in Virginia ruled for the Democrats in a pair of 2-1 decisions.
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Court → rule → decisions
“Suffice to say that any ‘chaos’ is the FCC’s fault, not ours,” Judge Robert B. King, a Clinton appointee, said on Oct. 7.
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King → suffice → Oct.
It “has endeavored to create from whole cloth a new rule entirely outside the purview of judicial review.”
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It → endeavor → review
But the Supreme Court stepped in twice to overturn the 4th Circuit and rule for the Republicans.
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Court → step → Republicans
In a Sept. 4 order, the court said in an unsigned order the 4th Circuit intervened too soon.
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Circuit → say → order
The law “makes clear that an aggrieved party must wait for the Commission to resolve its application for review by order before filing a petition for judicial review.”
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Commission → make → review
Only Justice Ketanji Brown Jackson dissented.
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Jackson → dissent → ?
In September, the FCC did nothing other than to ask for public comments on its March rule change.
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FCC → do → change
Frustrated with the delay, the 4th Circuit issued a second order requiring the FCC to act by Oct. 9.
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Circuit → frustrate → Oct.
Last week, in response to an appeal from Solicitor Gen. D. John Sauer, Chief Justice John G. Roberts put the 4th Circuit order on hold.
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Roberts → put → hold
On Wednesday, the full court said the 4th Circuit Court should have left the issue to the FCC.
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Court → say → FCC
“Our system of separation of powers does not allow the judiciary to meddle in the workings of a coordinate branch of the government in this manner,” the court said an unsigned opinion.
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opinion → allow → manner
In dissent, Jackson and Justice Sonia Sotomayor voted to deny the administration’s appeal.
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Jackson → vote → appeal
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