GOP gets another Supreme Court win in TV political ad fight

The Supreme Court on Wednesday sided with Republicans a second time in a legal battle over television advertising costs in the lead-up to the midterm elections, prompting two liberal justices to dissent.

Democrats are challenging a new policy that guarantees party committees, not just candidates, access to cheaper rates.

That cheaper rate extends to both sides of the aisle. However, the ruling most immediately hands a boost to Republican committees, which boast a cash advantage this election cycle and want to use the policy to their advantage as they fight to hold on to control of Congress.

The Trump administration and the GOP went to the Supreme Court after lower judges told the Federal Communications Commission (FCC) it needed to move more quickly on Democrats’ challenge. That would’ve given the party an opportunity to still block the policy ahead of November’s contests.

The justices said that 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,” the majority wrote.

The order came over the public dissents of Justices Sonia Sotomayor and Ketanji Brown Jackson, two members of the court’s liberal wing. They did not explain their reasoning.

The case revolves around a longstanding federal law requiring broadcast stations to offer their lowest available advertising rate to campaigns in the 60 days preceding a general election.

Everyone agrees candidates get the discount, but the Trump administration contends that it covers political parties and joint fundraising committees, too.

It’s the second time the battle has reached the Supreme Court after Democrats scored wins.

The high court ruled last month — over Jackson’s dissent — that Democrats had sued too early. The court said the party needed to at least wait for the FCC to decide its challenge before coming to court.

The case boomeranged after the U.S. Court of Appeals for the 4th Circuit ruled in Democrats’ favor again. The 4th Circuit voted 2-1 that the FCC needed to hurry up and decide Democrats’ challenge since the midterm elections are fast approaching. It set a deadline of Oct. 9.

Chief Justice John Roberts had briefly halted the deadline until the Supreme Court decided whether it should stand.