Roberts temporarily lifts FCC deadline in political-ad rate fight

Response / context

Solicitor General D. John Sauer argues for the FCC that the appeals court improperly forced the agency to act within 48 hours, even though the governing statute sets no decision deadline and a related broadcasters' comment period remains open through October 19. In their October 8 amicus brief, the RNC, National Media Research, Planning & Placement, Smart Media Group and FlexPoint Media argue that mandamus was improper, that a five-month agency delay was not egregious and that changing the policy near the election would burden political speech. Those are the amici's arguments, not Supreme Court findings. The October 7 Fourth Circuit majority, granting mandamus, said the FCC was delaying review to prevent judicial scrutiny before the November 3 election and called the Media Bureau policy contrary to law. The Democratic candidates challenging the policy maintain that the statutory discount belongs only to candidates, while Republican committees support broader access. Roberts' one-paragraph order does not explain his reasoning or endorse either side's view. On September 4, the Supreme Court stayed an earlier Fourth Circuit ruling after concluding the Republican committees were likely to show that judicial review had come too soon; that temporary order likewise did not finally decide who is legally entitled to the discounted rates.