Scotusblog iconScotusblogSep 3, 2026 ~1 min source read

Sen. Jon Ossoff and other Democratic candidates urge justices to leave court ruling in place on political broadcasting rates

Senate on Thursday urged the justices to leave in place a ruling by a federal appeals court that limited the availability of preferential advertising rates to candidates for political office. Kristen McDonald Rivet, who is running for reelection in Michigan – told the justices that "[n]o court has ever held, or even hinted," that the preferential rates should be more broadly available.

Sen. Jon Ossoff and other Democratic candidates urge justices to leave court ruling in place on political broadcasting rates

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Senate on Thursday urged the justices to leave in place a ruling by a federal appeals court that limited the availability of preferential advertising rates to candidates for political office.

Kristen McDonald Rivet, who is running for reelection in Michigan – told the justices that "[n]o court has ever held, or even hinted," that the preferential rates should be more broadly available.

Until it issued the guidance at the center of this case, the challengers added, the FCC itself "had long agreed that ' only candidates are entitled to'" the more favorable rates.

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The useful part

Senate on Thursday urged the justices to leave in place a ruling by a federal appeals court that limited the availability of preferential advertising rates to candidates for political office. Kristen McDonald Rivet, who is running for reelection in Michigan – told the justices that "[n]o court has ever held, or even hinted," that the preferential rates should be more broadly available. Until it issued the guidance at the center of this case, the challengers added, the FCC itself "had long agreed that ' only candidates are entitled to'" the more favorable rates.

How it works

  • Under federal law, candidates for federal office can purchase advertising time at favorable rates during the 45 days before a primary election and 60 days before a general election.
  • Approximately six weeks later, before the FCC had acted on that request, they went to federal court, where they argued that the public notice conflicted with federal election laws.

Details worth keeping

The dispute before the court arose this spring, after the Media Bureau of the Federal Communications Commission issued a "public notice" informing broadcasters that political parties and joint fundraising committees are also entitled to the preferential rates. The Democratic candidates asked the full FCC to review the public notice. As a practical matter, they contended that the rule favors Republicans...

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