Republican campaign committees have asked the U.S. Supreme Court to intervene before Friday to preserve discounted television and radio advertising rates ahead of the November midterm elections. The filing, submitted Monday, seeks to reverse a lower-court decision that blocked party committees from accessing the federal Lowest Unit Rate (LUR) policy during the 60-day pre-election window, which begins Friday.
Republican groups argue the policy is urgent. The National Republican Senatorial Committee (NRSC) and National Republican Congressional Committee (NRCC) stated in their filing that they had budgeted tens of millions of dollars in ad buys under the discounted rates, but broadcast stations have already begun canceling those reservations following the appeals court ruling. The committees contend that without Supreme Court intervention, they will be forced to pay full rates for the remainder of the campaign cycle.
Federal law requires broadcasters to offer the lowest available rates to legally qualified candidates during the 45 days before a primary and 60 days before a general election. The Federal Communications Commission (FCC) issued guidance in March clarifying that party committees qualify for these rates when coordinating ads with candidates. The rule does not apply to streaming or social media advertising.
Democratic candidates and committees have opposed the policy. A group including Sen. Jon Ossoff (D-Ga.), former Sen. Sherrod Brown (D-Ohio), former North Carolina Gov. Roy Cooper (D), and Rep. Kristen McDonald Rivet (D-Mich.) filed suit in June to block party committees from using the discounted rates. On August 25, the 4th U.S. Circuit Court of Appeals sided with the Democrats, ruling that political parties are not entitled to the reduced rates. The Republican committees responded by requesting the Supreme Court halt the appeals court ruling before the FCC policy takes effect Friday.
The Trump administration has publicly supported the Republican effort. The Justice Department filed a brief shortly after the appeal, arguing that the FCC’s guidance does not harm Democratic candidates because the rule applies universally. The administration’s involvement underscores the high stakes of the case, as control of Congress hangs in the balance.
The Supreme Court has directed the respondents to file a response by midday Wednesday. If the high court does not act by Friday, the Republican committees warn that they will face significant financial disadvantages in the final stretch of the campaign. Broadcasters have already begun rescinding discounted ad reservations, leaving the GOP groups with fewer options for cost-effective outreach ahead of Election Day.