Supreme Court sides with Trump again in midterm ad rate fight

The Supreme Court sided with the Trump administration for the second time in a fight over campaign advertising rates that could help Republicans hold Congress, pausing a lower court order that had put the FCC on a 48 hour deadline.

Chief Justice John Roberts issued an administrative stay on Thursday, lifting the 4th U.S. Circuit Court of Appeals order that gave the Federal Communications Commission until Friday to rule on a Democratic challenge to its new political advertising policy. Roberts ordered the Democratic challengers to respond to the administration's filing by Saturday. No justice noted a dissent.

The dispute centers on the FCC's March decision to extend the "lowest unit charge" rule, the federally mandated discount broadcasters must give candidates in the runup to an election, to ads run by political parties in coordination with candidates. Four Democrats in battleground races, including Georgia Senator Jon Ossoff and former Ohio Senator Sherrod Brown, challenged the interpretation in court, arguing it hands an advantage to the party with more cash.

The Richmond based appeals court agreed the FCC was slow walking its decision, accusing the agency of repeated delay tactics meant to run out the clock before November 3. In September the Supreme Court had already ruled 8 to 1 that the Democrats must wait for the FCC to finish its internal review before suing.

The practical stakes are measured in airtime. The National Republican Congressional Committee alone has reserved $10.8 million in television advertising across 23 House contests this month, and cheaper rates mean more ads in the final stretch. The stay is temporary, but with the election less than a month away, temporary may be all that matters.