Republicans · Supreme Court · Donald Trump · FCC · Ars Technica
GOP heads to Supreme Court after losing case over TV election ad prices
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Republican campaign committees want the Supreme Court to mandate lower prices for election commercials on broadcast TV stations.
Key facts
- The FCC repealed this ownership rule even though the 39 percent figure was specified by Congress in a 2004 law, paving the way for another court battle over the limits of FCC authority
- In short, US law requires broadcasters to offer individual candidates the “lowest unit charge,” or LUC, during the 60 days before an election
- The National Republican Congressional Committee and National Republican Senatorial Committee, which intervened in the case to support the FCC’s position, told the 4th Circuit court yesterday
- A potential problem for Republicans is that the FCC position contradicts agency guidance from 1991 and a statement made to the Supreme Court last year by the Trump administration’s own solicitor
Summary
For a more thorough description of the legal issues in the dispute, see this article that Ars published yesterday. The Trump administration, acting through the Federal Communications Commission, ordered broadcast TV stations to also give these discounts to political parties and joint fundraising committees, which face fewer limits on how much money they can raise and spend. The National Republican Congressional Committee and National Republican Senatorial Committee, which intervened in the case to support the FCC’s position, told the 4th Circuit court yesterday that they intend to appeal to the Supreme Court. The committees submitted an emergency motion for a stay and asked the 4th Circuit to rule on that motion immediately so they can file a petition to the Supreme Court.