The U.S. Supreme Court on Sept. 4 granted an emergency stay preserving discounted advertising rates for political party committees through the November midterm elections.
The court issued an unsigned order in the case known as National Republican Congressional Committee (NRCC) v. Brown. Justice Ketanji Brown Jackson dissented.
The NRCC and the National Republican Senatorial Committee (NRSC) filed an emergency application to freeze a federal appeals court ruling on Aug. 31. The Federal Communications Commission (FCC) and the U.S. Department of Justice (DOJ) filed a brief supporting the application.
The NRCC and NRSC argued the matter was urgent because Sept. 4 is the first day of the 60-day period before the Nov. 3 midterm elections, when federal law requires broadcasters to sell candidates airtime at their cheapest rate.
The lawsuit was brought by the respondents—former Sen. Sherrod Brown (D-Ohio); Sen. Jon Ossoff (D-Ga.); former North Carolina Gov. Roy Cooper, a Democrat; and Rep. Kristen McDonald Rivet (D-Mich.). Brown, Ossoff, and Cooper are currently running for Senate; Rivet is seeking reelection to the House.
The respondents filed a petition with the U.S. Court of Appeals for the Fourth Circuit challenging a March 30 public notice from the FCC’s Media Bureau. The notice told broadcasters the so-called lowest unit charge discount had to be given to political party committees and certain joint fundraising committees, not just candidates themselves.
A panel of the Fourth Circuit ruled Aug. 25 that the notice was unlawful. The NRCC and NRSC asked the nation’s highest court to stay that judgment.
The Supreme Court said in its new order that the Democratic candidates’ petition for review to the Fourth Circuit was likely premature because they had sued before the FCC had ruled on their request to review the Media Bureau notice.
This is a developing story that will be updated.
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