Roberts Pauses FCC Deadline in Political Ad Rate Dispute

Chief Justice John Roberts temporarily blocked a Fourth Circuit order requiring the Federal Communications Commission to decide by noon October 9 a challenge to its political-ad-rate guidance. The Supreme Court’s October 8 stay leaves the guidance in effect while the justices consider what happens next; it does not resolve the underlying legal dispute. The Fourth Circuit issued its deadline on October 7 after Democratic candidates sought action on their pending challenge to the FCC notice. The Department of Justice asked the Supreme Court to halt that order, arguing that the agency needed time to complete its review and that the appeals court had intervened improperly. Roberts granted the stay, which remains in place pending another order from him or the full court. The stay also gives the challengers, including Sen. Sherrod Brown, until 5 p.m. Eastern on October 10 to respond to the emergency application. The immediate result is that the FCC is not compelled by the Fourth Circuit’s deadline to act while the Supreme Court considers the request. The justices have not issued a final ruling on the policy or the broader jurisdictional dispute.