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Reuters · October 14, 2026

Supreme Court Lets FCC Avoid Lower-Court Deadline on Democratic Challenge to Political Advertising Rate Policy

  • The U.S. Supreme Court on Wednesday agreed to let the Federal Communications Commission avoid a judicially imposed deadline that would have forced the agency to rule on a Democratic challenge to its political advertising rate policy before the November 3 midterm elections, according to the report.
  • The FCC joined two Republican committees in asking the court to lift the lower court deadline, according to the report. Justices Sonia Sotomayor and Ketanji Brown Jackson indicated they would have denied the request.
  • The FCC, which has a 2-1 Republican majority, modified its lowest unit charge rule in March, according to the report. The policy requires broadcasters to charge discounted rates for certain political advertisements within 60 days of a general election, a window that opened on September 4.
  • Chief Justice John Roberts had previously lifted an October 9 deadline set by the 4th U.S. Circuit Court of Appeals, according to the report. On October 7, the 4th Circuit, in a 2-1 ruling, ordered the FCC to issue a prompt ruling on the Democratic challenge.
  • In September, the Supreme Court, in an 8-1 ruling, granted a request by the national Republican committees to revive the policy after the 4th Circuit blocked it, according to the report.
  • A group of Democratic candidates, including Senator Jon Ossoff of Georgia, challenged the policy in April through in-house proceedings at the FCC, according to the report.
  • The Republican committees accused the 4th Circuit of short-circuiting the FCC review process in their Supreme Court filing, and the Democratic candidates accused the FCC of delaying judicial review, according to the report.
  • The two Republican committees exceeded former national spending caps by more than $48 million in July and August Federal Election Commission disclosures, while their Democratic counterparts exceeded the former limits by just under $4 million, according to the report. The three main national Republican committees ended August with about $233 million in cash; the Democratic counterparts held roughly $130 million and carried nearly $18 million in debt, according to FEC filings cited in the report.
Removed: characterizations of the policy's partisan effect and of the parties' litigation conduct beyond the statements attributed to each side in its filings.

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