Political ad rates case frozen through midterms

Michael Macagnone, CQ-Roll Call on Oct 14, 2026

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WASHINGTON — The Supreme Court in an unsigned decision Wednesday sided with Republicans in a dispute over expanding discounted television advertising rates beyond political candidates ahead of the midterms.

The unsigned order from a majority of the court paused a ruling from the U.S. Court of Appeals from the 4th Circuit that could have allowed the courts to quickly resolve how far discounted ad rates extend. The ruling effectively slows down the court fight for months, likely until long after the elections this fall.

The 2-1 panel of the 4th Circuit last week ordered the Federal Communications Commission to resolve an internal process disputing the agency decision to extend the discounted ad rates normally enjoyed by political candidates to party-coordinated advertising and joint fundraising committees. After that appeals court ruling, the Trump administration and Republicans asked the justices to weigh in, resulting in Wednesday’s order.

Wednesday’s order called the 4th Circuit decision “inappropriate” and set it aside pending an appeal to the Supreme Court and full airing before the justices — a process that could take months. The order said the judiciary should not “meddle” in the ongoing deliberations at the FCC.

“Undeterred, the Fourth Circuit issued a mandamus order requiring the Commission to issue a final decision on the candidates’ application just five months after it was filed and within just 48 hours — all while the Commission’s deliberation process was still ongoing,” the order said.

This is the second time the dispute has reached the justices. It started in March when the FCC’s Media Bureau issued guidance effectively expanding the discounted advertising rates paid by political candidates in the 60 days leading up to primary and general elections.

In August the 4th Circuit originally paused the decision in response to a suit from Democratic Senate candidates and political committees. The Trump administration and Republicans appealed, and the justices said that because a parallel, internal process was going on at the FCC, the courts likely could not hear the dispute.

Then, last week, the 4th Circuit issued its second decision, ordering the FCC to resolve its internal dispute process by Friday. The Trump administration appealed, resulting in Wednesday’s decision.

Justices Sonia Sotomayor and Ketanji Brown Jackson noted they would not have granted the stay, but did not write dissents.