The Supreme Court slapped down Democrats’ latest attempt to hinder Republicans’ election-season ad buying, ruling Wednesday that the Federal Communications Commission does not need to make an immediate decision on what ad rates apply to coordinated expenditures.
A lower federal appeals court had ordered the FCC to make a snap decision on what ad rates can be charged when campaigns and party committees are operating in coordination.
But the justices said the 4th U.S. Circuit Court of Appeals acted “inappropriately” in setting the schedule. The high court said the FCC must be allowed to make a decision under its own rules, and forcing a timetable tramples on the Executive Branch.
People were interested in these podcasts
“Our system of separation of powers does not allow the Judiciary to meddle in ‘the workings of a coordinated branch of the government’ in this manner,” the justices said in an unsigned opinion.
Justices Sonia Sotomayor and Ketanji Brown Jackson, two of the court’s three Democratic appointees, said they would have allowed the appeals court’s order to remain in place.
The FCC earlier this year issued a staff memo saying that coordinated expenditures should be treated the same as if they were a candidate’s spending. That means they are entitled to special low rates for advertising.
Republicans have focused heavily on coordinated fundraising in this year’s congressional campaigns, so the lower ad rates stood to benefit them the most, even though the same rules apply to both parties.
Some Democratic campaigns challenged the FCC’s memo, saying campaign finance law doesn’t consider coordinated campaigns the same.
The 4th Circuit had agreed and halted the FCC memo.
But the FCC said the Democratic candidates needed to challenge the rule inside the FCC first before going to court.
The Supreme Court, in an earlier decision this year, agreed and sent the matter back to the 4th Circuit. The judges there then demanded the FCC render a decision within days.
The justices said that wasn’t fair.
They put a hold on the 4th Circuit’s order until the case develops more.
The ruling comes just months after the high court, in a separate case, ruled that limits on coordinated campaign spending were unconstitutional.
The Democratic plaintiffs in the case included Sen. Jon Ossoff of Georgia, former Sen. Sherrod Brown of Ohio and former Gov. Roy Cooper of North Carolina, all of whom are running for Senate this year. That gives a sense of races where the coordinated ad rates could play a significant role.
The National Republican Congressional Committee, which works with GOP House candidates, hailed the decision.
“Today’s ruling stops Democrats’ last-minute attempt to rewrite the rules and preserves stability for candidates, broadcasters, and voters in the final stretch of the election,” said NRCC Chairman Richard Hudson, North Carolina Republican.
Contact the author
Please read our comment policy before commenting.