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 unsigned order in National Republican Congressional Committee (NRCC) v. Brown blocks a federal appeals court ruling that had ended the discounted rates.
Justice Ketanji Brown Jackson dissented, the only justice to oppose the stay. The Supreme Court’s decision means party committees—including the NRCC and National Republican Senatorial Committee (NRSC)—can continue purchasing political ads at the same preferential rates as federal candidates during the 60-day pre-election period.
The dispute began after the Federal Communications Commission’s Media Bureau issued a March 30 public notice stating that party committees and joint fundraising committees would qualify for the so-called lowest unit charge discount, which typically applies to candidates. A group of Democratic candidates—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.)—challenged the FCC notice in court.
On Aug. 25, a divided panel of the U.S. Court of Appeals for the Fourth Circuit ruled the FCC notice was unlawful, stating federal law only permits the discounted rates for candidates themselves, not party committees. The NRCC and NRSC then filed an emergency application with the Supreme Court, arguing broadcasters were already withdrawing the discounts in response to the appeals court ruling. The high court’s order did not address the merits of the case but instead paused the lower court’s decision while litigation continues.
The Supreme Court’s unsigned order noted that the Democratic candidates’ petition to the Fourth Circuit was likely premature because they filed suit before the FCC had completed its review of their challenge to the Media Bureau notice. The justices also highlighted concerns that party committees would face irreparable harm if the discounted rates were not restored, as broadcasters had already begun charging higher prices.
The decision follows a June Supreme Court ruling that struck down federal limits on coordinated party expenditures, further expanding the financial tools available to national party organizations. While both parties can now take advantage of the discounted ad rates, the GOP holds a significant financial advantage, with the Republican National Committee (RNC) holding over $100 million more in reserves than the Democratic National Committee (DNC).
Broadcasters are required by federal law to offer the lowest unit rates to candidates 45 days before a primary and 60 days before a general election. The Supreme Court’s intervention ensures party committees retain access to these rates as the legal battle over the FCC’s policy continues.