Trump pulls SCOTUS back into war over TV ad rates for midterms

The justices are being asked to take up the fight over who should be able to buy political commercials at a discount.WASHINGTON (CN) — The Trump administration asked the Supreme Court on Thursday to intervene again in a partisan fight between political party committees over low-cost rates for television ads ahead of the midterm elections.Last month, the justices granted an appeal allowing the National Republican Congressional Committee and the National Republican Senatorial Committee to take advantage of discounted prices traditionally only available to candidates.After an appellate court ruling, the administration now says the high court needs to issue an additional emergency order to ensure the justices’ previous ruling stands.“The [Fourth Circuit’s] ‘egregious intrusion into the nation’s electoral process’ should not be allowed to stand,” Solicitor General John Sauer wrote.The lowest unit charge requirements let legally qualified candidates buy campaign advertising on broadcast television and radio networks at cheaper rates than outside groups. In March, the Federal Communications Commission’s media bureau issued a public notice that political party committees and joint fundraising committees also qualified for the discount.While the spending rules apply equally to both parties, the March guidance could have boosted Republicans, whose party committees tend to raise more money than individual candidates. The opposite is true for Democrats, whose candidates typically raise more funds.Democratic candidates in battleground states — including Georgia Senator Jon Ossoff, former Ohio Senator Sherrod Brown and former North Carolina Governor Roy Cooper — challenged the new policy guidance through a petition to the FCC, but the agency has yet to issue a decision.Without action from the FCC, the candidates took their challenge to federal court, where the Fourth Circuit shot down the public notice and determined election ad discounts are just for candidates.But last month the Supreme Court said it was too early for federal courts to intervene. In a per curiam opinion, the justices said Republicans would likely face irreparable harm if the appeal court’s ruling was upheld, citing the committees’ claims that broadcasters were already rescinding favorable rates.Democratic candidates asked the Fourth Circuit to order the FCC to issue a decision on their application. After public comments on the application closed, the appeals court agreed to do so, instructing the FCC to rule by noon on Friday.The Trump administration is urging the Supreme Court to strike down the Fourth Circuit’s order, which it claims is a “flagrant abuse” of its authority.“Because the court of appeals has shown ‘cavalier disregard’ for the equitable judgment embodied in this court’s earlier stay order, the court may wish to state explicitly that the Fourth Circuit should not issue any further orders that require the commission to act on the bureau’s notice, or that prevent the bureau from implementing that notice, until after this year’s elections,” Sauer wrote.The government claims it will be irreparably harmed without the court’s intervention. According to the government, the Fourth Circuit’s order “demands at gunpoint an agency decision” within two days.The Trump administration is also requesting the justices issue an administrative stay while considering its appeal.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads