Supreme Court Restores Discounted TV Ad Rates for Party Committees

On September 4, the U.S. Supreme Court granted an emergency stay sought by the Republican congressional and senatorial campaign committees, recalling and staying a Fourth Circuit mandate while they pursue review. The Court said the appeals court likely lacked statutory jurisdiction because the candidates’ request for FCC review remained pending. The stay restores FCC guidance allowing qualifying coordinated party advertisements and certain authorized joint-fundraising committees to receive broadcasters’ lowest-unit-charge rates as the 60-day general-election window begins. Justice Ketanji Brown Jackson dissented, arguing that the applicants were unlikely to prevail on jurisdiction.