Roberts halts imminent deadline for FCC to rule on Democrats’ TV ad rate challenge

Chief Justice John Roberts halted, for now, a deadline for the Federal Communications Commission (FCC) to rule on Democrats’ challenge to a policy giving party committees access to cheaper television ad rates in the lead-up to the midterms.

A lower court had ordered the FCC to decide the challenge by Friday, but the Trump administration has asked the Supreme Court to stave off the deadline using its emergency docket. The justices already intervened in Republicans’ favor once before.

Roberts’s order halts the imminent deadline until the Supreme Court rules. The chief justice received the request by default but could ultimately refer the matter to the full court for a vote.

He has ordered the Democratic candidates suing to respond by Saturday evening.

The administration’s bid is backed by Republicans’ Senate and House campaign arms, which boast a cash advantage and hope to use the policy to bolster their chances in holding onto control of Congress in November’s contests.

The legal battle concerns a federal mandate that broadcast stations offer their lowest-available advertising rate to campaigns in the 60 days preceding a general election.

Everyone agrees candidates get the discount, but whether political parties and joint fundraising committees can, too, has come under question.

The Supreme Court ruled last month that Democrats needed to wait for the FCC to rule on its challenge before heading to court. The FCC hasn’t done so yet, so the U.S. Court of Appeals for the 4th Circuit accused the agency of dragging its feet and demanded it move along by Friday.

The Trump administration called the judges’ directive a “flagrant abuse.” Republicans’ appeal accused them of attempting an “end run” around the Supreme Court’s previous order.

With 26 days to go until the midterms, the policy allowing party committees to access the cheaper rates remains in effect.