Justice Department urges Supreme Court to block FCC ad-rate rule before midterms

The Department of Justice, representing the Trump administration, has asked the Supreme Court to halt a recent 4th Circuit order that would require the FCC to apply its revised advertising-rate rule to political parties and joint fundraising committees ahead of the midterm elections. The rule, favored by Republicans because it would extend cheaper TV ad rates beyond individual candidates, has been contested by Democrats who seek to keep the benefit limited to candidates.

In an emergency petition, Solicitor General D. John Sauer argued that the mandamus request is inappropriate given the timing and that the FCC still needs to complete required procedures, including a public comment period. The Supreme Court earlier ruled 8-1 that the appeals court had acted too soon and that the FCC is likely to prevail on the merits, but it has not yet ruled on one outlet stay request. The administration seeks an administrative stay by Friday, the deadline set by the 4th Circuit, to prevent the rule from taking effect during the crucial final weeks of the campaign. The case joins several election-related matters recently placed on the Court's emergency docket.