Supreme Court Grants Stay of Fourth Circuit Ruling That Set Aside FCC Party Ad-Rate Notice, Citing Likely No Jurisdiction

On September 4, 2026 (order date), the Supreme Court granted the NRCC and NRSC’s application in No. 26A274, National Republican Congressional Committee v. Brown, and recalled and stayed the mandate of the Fourth Circuit in No. 26-1785 pending certiorari. On August 25, 2026, a divided Fourth Circuit panel had held it had jurisdiction and set aside the Media Bureau’s public notice on favorable ad rates. The per curiam reasoned that “the Fourth Circuit likely lacked statutory jurisdiction to address their challenge,” because the candidates’ application for review was still pending before the Commission when they went to court. On irreparable harm, the Court credited the party committees’ representation that “broadcasters are already rescinding favorable rates.” Justice Jackson dissented.

The ruling turns on exhaustion at the FCC, not on whether party and joint-fundraising ads are entitled to the favorable rate; the Court did not decide that. The notice is 2026-03-30–fcc-media-bureau-da-26-300-extends-lowest-unit-charge-to-party-coordinated-and-jfc-ads. The sequel, after the Fourth Circuit ordered the FCC to decide the application on a short clock, is 2026-10-14–scotus-per-curiam-stays-fourth-circuit-mandamus-fcc-v-brown-party-ad-rates.