The Supreme Court of the United States granted a stay on September 4, 2026, affecting the Federal Communications Commission's (FCC) rules on lowest unit charges (LUC) for political candidates. This decision comes in response to a Fourth Circuit ruling that had set aside an FCC public notice regarding these charges. The ruling impacts political parties and candidates as they prepare for the upcoming midterm elections.
The case, National Republican Congressional Committee v. Sherrod Brown, et al., was filed under docket number 26A274. It involves a dispute over whether political candidates and committees are entitled to favorable advertising rates as specified by the LUC requirements. The Supreme Court's decision to grant a stay means that the FCC's original rules will remain in effect while the legal proceedings continue.
The parties involved in this case include the National Republican Congressional Committee and the National Republican Senatorial Committee, which are political party committees. They intervened in the case after four Democratic candidates for Congress challenged the FCC's public notice, arguing that only political candidates should receive the LUC. The dispute escalated when the candidates filed a petition for review in the Fourth Circuit while their application was still pending with the FCC.
The Fourth Circuit ruled on August 25, 2026, that it had jurisdiction to review the candidates' petition and subsequently set aside the FCC's public notice. This ruling was controversial, as it conflicted with decisions from other circuit courts regarding the jurisdiction of the Fourth Circuit in such cases. The party committees argued that the Fourth Circuit's decision was unlawful and sought a stay from the Supreme Court.
The Supreme Court's ruling was delivered per curiam, meaning it was issued by the Court as a whole rather than by a specific justice. The Court found that the party committees demonstrated a reasonable probability that four Justices would consider the issue sufficiently meritorious to grant certiorari, and a fair prospect that a majority would vote to reverse the Fourth Circuit's judgment. The Court stated, "Because the candidates’ application for review was pending when they filed their petition for review, the Fourth Circuit likely lacked statutory jurisdiction to address their challenge."
Furthermore, the Court noted that the party committees would likely suffer irreparable harm if the stay was not granted. They indicated that broadcasters were already rescinding favorable rates, which would lead to increased advertising costs for the committees. This situation could significantly impact their ability to campaign effectively during the crucial weeks leading up to the elections. The Court emphasized that this injury, affecting their First Amendment rights, could not be remedied after the fact.
The impact of this ruling is significant for political candidates and parties as they prepare for the midterm elections. By granting the stay, the Supreme Court allows the FCC's LUC rules to remain in effect, ensuring that political candidates can access favorable advertising rates. This decision also sets a precedent regarding the jurisdiction of circuit courts in reviewing agency actions, particularly in the context of the Communications Act.
Going forward, the stay granted by the Supreme Court will remain in place pending the filing and disposition of a petition for a writ of certiorari. If the petition is timely sought, the stay will continue until the Supreme Court decides whether to hear the case. Should certiorari be denied, the stay will automatically terminate. If the Court grants certiorari, the stay will end upon the issuance of its judgment.