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In granting the stay, the Supreme Court focused substantially on a procedural problem with the Fourth Circuit’s ruling rather than finally deciding whether political parties are legally entitled to the discounted rates.
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The Court said federal communications law generally requires parties to complete that agency-review process before seeking judicial review.
According to the Court, requiring the committees to pay higher prices would impair their ability to communicate with voters during the critical final weeks of the midterm campaign, an injury that could not simply be repaired later through refunds.
Jackson disagreed, writing that she did not believe the Republican committees were likely to succeed on their argument that the Fourth Circuit lacked jurisdiction.
Although Republicans brought the case and currently possess a substantial financial advantage in national party resources, the FCC policy itself is not limited to the GOP and can also benefit Democratic committees that satisfy its requirements.
Combined, the two decisions mean parties can coordinate greater amounts of advertising spending with candidates while potentially purchasing some of that airtime at the lower rates traditionally associated with candidate advertising.
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