Republicans' unusual TV ad request to Supreme could sway midterm results

WASHINGTON, DC:  In an emergency appeal on Monday, August 31, Republican campaign groups, supported by the Trump administration, asked the Supreme Court to allow the party to purchase television advertising at discounted rates.

Notably, the latest emergency appeal by the Republicans has the potential to influence the outcome of this year’s midterm elections.

Republicans want discounted TV ads to ensure a wide campaign

In addition to other appeals and cases surrounding the election process, this new case involves television advertising, often the most expensive part of a congressional campaign.

A separate case dealing with President Donald Trump’s controversial executive order on mail ballots is also expected to rocket back to the justices in the coming days.

The House and Senate Republican party committees told the Supreme Court on Monday that they had “budgeted tens of millions of dollars in ad buys under these rules.” But, because of the appeals court decision, “broadcast stations are already rescinding those rates.”

The Republican committees argued that federal courts should not decide the case because the FCC’s guidance was only an interpretation and was not a final agency decision.

In the appeal, it has been asked of the Supreme Court to act by Friday, Sept 4.

FCC releases an ad guidance favoring Republicans

Candidates benefit from a federal law that requires broadcasters to offer them deeply discounted advertising rates. Earlier this year, the Federal Communications Commission said political parties and other groups are also entitled to the lower rates.

The FCC decision was seen as a step that was largely benefiting the Republican Party, which generally tends to raise more money through party committees.

On the other hand, Democrats generally raise more money directly through their candidates.

Trump admin backs appeals by GOP group

The Trump administration submitted a brief supporting the GOP groups shortly after the appeal was filed. The Justice Department argued that the FCC guidance does not hurt the Democratic candidates who sued because the lower rates apply equally to all candidates and groups.

“The notice does not grant favored treatment to one side or the other; instead, the notice’s interpretation offers the same benefit to all sides, including the challengers themselves and the committees and parties supporting them,” Solicitor General D John Sauer, the administration’s top appellate attorney, told the Supreme Court.

A divided three-judge panel of the 4th US Circuit Court of Appeals ruled last week that federal law provides the lower rate only for candidates.