The Supreme Court handed Republicans a campaign finance victory Friday, effectively blocking an effort by Democrats to curtail the GOP's substantial financial lead heading into the midterm elections.
In an 8-1 ruling, the court stopped an order from the U.S. Court of Appeals for the 4th Circuit that had excluded political parties and joint fundraising committees from accessing the discounted television rates reserved for candidates.
Justice Ketanji Brown Jackson dissented alone. The majority's unsigned ruling found the 4th Circuit lacked jurisdiction to overturn a Federal Communications Commission notice from March affirming that political parties and joint fundraising committees qualify for the lower rates when coordinating with a candidate.
The court said the Communications Act requires aggrieved parties to first file an application for review with the FCC, which must then resolve it by order before any party can appeal to federal court. The GOP's application for review was still pending when it went to the 4th Circuit, the justices said.
The majority also found that Republican campaign committees would suffer irreparable harm without the stay. Without the discount, these committees would face higher advertisement rates in the critical weeks before the midterms, the court said, implicating First Amendment rights to free speech that could not be remedied through refunds or reimbursements later.
Jackson disagreed with the majority's assessment that Republicans were likely to prevail on the merits regarding the 4th Circuit's jurisdiction.
While the ruling technically allows Democratic campaign organizations and Democratic-aligned joint fundraising committees to access the candidate rate for ad buys, Republicans benefit more. The GOP commands a larger cash advantage at the party level.
The decision follows another Supreme Court ruling this year that struck down limits on coordinated spending between political parties and candidates, opening pathways for increased campaign expenditures.
