Republicans want to air their TV ads for less, and they have the Trump administration’s support in asking the Supreme Court to allow it.
CNN reports that Republican campaign groups made an emergency appeal to the high court Monday to be able to air their television ads at a discounted rate, citing a Federal Communications Commission ruling earlier this year that political parties and associated entities are allowed to purchase ads at lower rates, just like politicians themselves can under federal law.
The rule change is arguably more beneficial to Republicans, who raise significant amounts through party committees, whereas Democrats typically raise funds through candidates themselves. Last week, though, a three-judge panel on the Fourth U.S. Circuit Court of Appeals ruled that federal law only allows discounted ad buys for candidates, not for organizations and parties.
“The term ‘candidate’ means ‘candidate,’” U.S. Circuit Judge Robert King, a Clinton appointee, wrote in his ruling. The decision came in response to a lawsuit from four Democrats running for office this year: Representative Kristen McDonald Rivet of Michigan, former Senator Sherrod Brown of Ohio, Senator Jon Ossoff of Georgia, and former Governor Roy Cooper of North Carolina.
In response, House and Senate Republican Party committees appealed to the Supreme Court, saying that they had “budgeted tens of millions of dollars in ad buys” under the FCC rule change, but because of the federal court ruling, “broadcast stations are already rescinding those rates.” The Trump administration quickly supported their appeal.
“The notice does not grant favored treatment to one side or the other; instead, the notice’s interpretation offers the same benefit to all sides, including the challengers themselves and the committees and parties supporting them,” said Solicitor General D. John Sauer on behalf of the White House to the Supreme Court.
With the midterms just two months away, the high court is expected to rule quickly. In the likely event that the Supreme Court’s conservative majority sides with the Republicans, voters are likely to see an even greater flood of pro-Trump ads between now and November.
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