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Emergency application

Lowest rates for candidate ads

National Republican Congressional Committee v. Sherrod Brown

Granted
No. 26A274Stay applicationFiled by a private partyPresented to The Chief JusticeFrom United States Court of Appeals for the Fourth Circuit

What did the Court do?

The Court granted the request on September 4, 2026: the lower court's ruling is on hold while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Jackson would have ruled the other way.

Filed Ruled 7 days after filing

What's being asked

Two Republican campaign committees—the National Republican Congressional Committee and the National Republican Senatorial Committee—ask the Court to pause the Fourth Circuit order. That order set aside an FCC notice about candidates’ legally required lowest broadcast-ad rates. The notice said political parties engaged in coordinated political activity and joint fundraising groups with noncandidate members could qualify for those rates. The Democratic candidates argued that only candidates should qualify. The committees say the appeals court wrongly read a candidate’s use of an ad as requiring the candidate to pay for it alone.

What the Court did

The Court granted the committees’ emergency request, temporarily pausing (staying) the Fourth Circuit’s ruling that set aside the FCC notice. If the committees timely seek Supreme Court review, the pause remains until that review is resolved. The order does not decide the underlying dispute. Justice Jackson dissented (disagreed with the result); the order gives no vote count.

  • Dissented
  • Vote not published
Dissenting · 1recorded against the Court's order
  1. Jackson
Vote not published · 8the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
The order records the positions of 1 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Half of 76 rulings on applications where the Court asked for a response came 12 to 26 days after filing, and the median was 17 days; this one was ruled on 7 days after filing.

What it means

This emergency pause is temporary and does not decide whether the FCC notice was lawful or who wins. The Fourth Circuit’s order is on hold, so the notice is not set aside during the pause. No related Supreme Court case for a full decision is listed, and no argument date is set.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 26A274. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 6, 2026