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Trump administration brings fight over political ad rates back to Supreme Court

Solicitor General D. John Sauer says the 4th Circuit moved too quickly and argues the FCC still has not finished reviewing the candidates’ challenge.

  • On Thursday, Chief Justice John Roberts paused a 4th Circuit order requiring the Federal Communications Commission to issue a ruling by Friday on a Democratic challenge to political advertising rate policies.
  • The dispute centers on an FCC policy issued in March that expanded preferential ad rates—previously reserved for individual candidates—to include political parties and joint fundraising committees ahead of the midterms.
  • Democratic candidates including Senator Jon Ossoff challenged the rule, prompting the 4th Circuit to accuse the agency of "dragging its feet" on the review process while the November elections loom.
  • Solicitor General John Sauer called the lower court's order an "egregious intrusion into the nation's electoral process," arguing that judicial intervention during critical midterm weeks is inappropriate.
  • Roberts ordered Democratic challengers to respond by Saturday, as Republican committees maintain a significant cash advantage—ending August with about $233 million compared to roughly $130 million held by Democrats.
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Roll Call broke the news in Washington, United States on Thursday, October 8, 2026.
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