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US Midterms 2026
24SEP

Supreme Court keeps parties' ad discount

3 min read
11:45UTC

The Supreme Court on 14 October kept FCC guidance that lets party committees buying airtime in concert with candidates pay the candidates' discounted rate.

PoliticsAssessed
Key takeaway

Party committees buying with candidates keep the candidates' discounted broadcast rate through 3 November.

The Supreme Court on 14 October kept in force guidance from the Federal Communications Commission (FCC) that lets party committees buying airtime in concert with candidates pay the candidates' discounted rate⁠1. The order puts on hold a judgment of the 4th Circuit, the federal appeals court for Maryland, Virginia, West Virginia and the Carolinas, in FCC v. Brown (26A476). Justices Sonia Sotomayor and Ketanji Brown Jackson would have refused.

The 4th Circuit had ruled 2-1 on 7 October, with Judge J. Harvie Wilkinson dissenting, that the FCC must decide a challenge to its March guidance by noon on 9 October. Chief Justice John Roberts paused that order the next day, and the full Court has now kept the pause in place⁠2.

The FCC guidance turns on the Lowest Unit Charge. In the 60 days before a general election, broadcasters must sell candidates airtime at the lowest price they give their best commercial customer for the same slot; party committees and super PACs otherwise pay market rates, which climb in October. Parties may spend without limit in concert with their candidates since the Court struck those limits in June. According to the Supreme Court docket, the FCC guidance extends the candidate rate to party committees and joint fundraising committees (shared accounts that raise money for a candidate and a party together) when they buy alongside a candidate. The National Republican Senatorial Committee (NRSC) spent $45.92m in concert with its candidates in August, and buys like those now get more airtime per dollar than a super PAC's.

Four Democrats brought the challenge: Sherrod Brown of Ohio, Jon Ossoff of Georgia, Roy Cooper of North Carolina and House candidate Kristen McDonald Rivet of Michigan. The guidance now stands through 3 November, which settles the price of party advertising run with candidates for the rest of the campaign.

Deep Analysis

In plain English

By law, TV and radio stations must sell airtime to candidates at their cheapest rate in the weeks before an election. Other buyers, such as party committees and super PACs, usually pay the full price, which rises in October. The FCC, which regulates broadcasters, said in March that party committees working with candidates can also get the cheap rate. the Supreme Court has kept that rule in place until the election.

Deep Analysis
Root Causes

The Communications Act requires broadcasters to sell candidates time at the Lowest Unit Charge in the 45 days before a primary and 60 before a general election. It is silent on party committees acting with candidates, leaving the FCC to fill the gap.

The June ruling lifting limits on party spending with candidates made party buys far larger. A pricing rule that once touched small sums now governs tens of millions of dollars.

What could happen next?
  • Consequence

    Party committees gain a pricing edge over super PACs for the final three weeks of the campaign.

  • Precedent

    The case will likely return after the election, when a ruling on the merits could settle the rule for 2028.

First Reported In

Update #20 · SLF's gifts to Texas PAC match Musk's to SLF

Supreme Court of the United States· 17 Oct 2026
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Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.