<p class="wp-block-paragraph">The <a href="https://www.washingtonexaminer.com/section/supreme-court/" rel="noopener noreferrer" target="_blank">Supreme Court</a> ruled in favor of the <a href="https://www.washingtonexaminer.com/tag/federal-communications-commission/" rel="noopener noreferrer" target="_blank">Federal Communications Commission</a> on Wednesday, halting a previous ruling from the U.S. Court of Appeals for the 4th Circuit regarding favorable advertising rates during the midterm elections.</p>
<p class="wp-block-paragraph">The court's decision, made with a 7-2 vote, prevents the 4th Circuit from compelling the FCC to finalize a revised rule that would allow political parties and joint fundraising committees to access the same favorable television <a href="https://www.washingtonexaminer.com/tag/advertising/" rel="noopener noreferrer" target="_blank">advertisement</a> rates typically reserved for political candidates. The challenge was brought by Democratic congressional candidates who argue against the revised rule due to their financial advantage over individual candidates, while Republicans support the rule because of their financial advantages at the party level.</p>
<p class="wp-block-paragraph">The justices stated, “The Fourth Circuit’s decision to issue an ‘extraordinary’ writ was inappropriate under the circumstances. The Communications Act requires the Commission to act on every application it receives, but it does not obligate the Commission to act within a particular timeframe. The Commission may exercise its discretion to set its own procedures and schedule for resolving such applications.” They further noted that the lower court's order would have forced the FCC to expedite its deliberation process significantly.</p>
<p class="wp-block-paragraph">Justices Sonia Sotomayor and Ketanji Brown Jackson dissented from the ruling without providing additional details. The 4th Circuit's ruling was scheduled to take effect last Friday, but Chief Justice John Roberts temporarily halted the order while the Supreme Court reviewed the emergency petition.</p>
<p class="wp-block-paragraph">This emergency petition marks the second time this legal issue has reached the Supreme Court in two months. In September, the court ruled 8-1 that the 4th Circuit had prematurely intervened, stating that the FCC must first issue a decision on the Democratic candidates’ petition before the appeals court could engage.</p>
<p class="wp-block-paragraph">The ongoing dispute over the FCC’s ad rate rule is part of a broader series of election-related cases that have reached the Supreme Court's emergency docket in recent months, including a case regarding the Trump administration’s mail ballot order.</p>