SCOTUS Considers Lowest Political Unit Rates

Republican congressional and Senate campaign committees have asked the Supreme Court to freeze a Fourth Circuit ruling that stripped political parties of discounted broadcast advertising rates, with the FCC and DOJ backing their bid to restore the policy before the general-election advertising window opens Friday.

The National Republican Congressional Committee and National Republican Senatorial Committee filed an emergency application seeking an immediate administrative stay while the justices consider the request and a longer stay while they petition for review. 

The dispute goes first to Chief Justice John Roberts, who handles emergency matters from the Fourth Circuit.

At issue is whether parties making candidate-coordinated expenditures and certain joint fundraising committees get the same lowest unit rates broadcasters must give candidates in the 60 days before a general election.

A divided Fourth Circuit panel ruled 2-1 last week that they do not, striking down a March FCC public notice that said those buys qualify. The appeals court then refused to keep its decision on hold, making the ruling effective immediately.

The Republican committees say stations are already changing course. “In the midst of election season, a divided Fourth Circuit panel just rewrote longstanding rules about preferential broadcast rates for political ads,” their application states. 

They say they budgeted “tens of millions of dollars” expecting lowest unit rates, but “broadcast stations are already rescinding those rates.” That pressure is likely to intensify Friday, when the statutory 60-day window begins for the Nov. 3 general election.