The Supreme Court on Wednesday said that reduced broadcast political ad rates two months prior to a general election should apply to more than just the candidates and extend to political parties and joint fundraising committees.
The 7-2 decision came after Democrats challenged a new interpretation of the rules by the FCC that expanded the purview of a federal law that mandates broadcasters offer their lowest available ad rates to campaigns in the 60 days before a general election.
The ruling overturns a decision by the U.S. Court of Appeals for the 4th Circuit, which voted 2-1 to force the commission to decide on a challenge from the Democratic party in a timely manner, giving the commission until Oct. 9. Roberts halted the deadline to give the court time to decide.
Although the ruling applies to both parties, the Trump administration believes that expanding eligibility for the lower political ad rates will give Republicans a financial advantage in the mid-terms, now less than three weeks away.
In their ruling, the justices said the lower court's decision to force the FCC’s hand was “inappropriate under the circumstances.”
“Our system of separation of powers does not allow the Judiciary to meddle in ‘the workings of a coordinate branch of the Government’ in this manner,” they wrote.
This marks the second time SCOTUS has ruled on the issue, denying a challenge from Democrats in September saying that the parties had jumped the gun and sued too early.
Justices Sonia Sotomayor and Ketanji Brown Jackson dissented but did not give a reason why.
