Courts · Monday, August 31, 2026
GOP committees ask Supreme Court to freeze 4th Circuit ruling on campaign ad rates
The File desk · Aug 31, 2026, 9:40 PM UTC
Status
Partially confirmed. The 4th Circuit opinion is on the record. The Monday application and Sept. 3 response deadline are reported by SCOTUSblog; the application PDF was not retrieved from supremecourt.gov.
- Confirmed
The 4th Circuit in Brown v. FCC, No. 26-1785 (Aug. 25, 2026), set aside an FCC notice extending lowest-unit-charge rates to party committees and held the Communications Act gives the discount only to a legally qualified candidate.
- Partially confirmed
That the NRCC and NRSC filed a Monday application, and that the Court directed a response by noon Thursday, Sept. 3, is reported by SCOTUSblog. The application PDF was not retrieved from supremecourt.gov.
On Monday, Aug. 31, the NRCC and NRSC asked the Supreme Court to pause a 4th Circuit decision, issued Aug. 25 in Brown v. FCC, No. 26-1785, that set aside an FCC notice extending lowest-unit-charge broadcast rates to party committees. The statutory window opens Friday, Sept. 4. SCOTUSblog reported the Court directed a response by noon Thursday, Sept. 3. The 4th Circuit majority held the Communications Act gives the discount only to a “legally qualified candidate.”
A divided Fourth Circuit on Aug. 25 granted a petition for review in Brown v. FCC, No. 26-1785, and set aside an FCC Media Bureau public notice that had treated party committees as eligible for lowest-unit-charge broadcast rates. “We conclude that the LUC requirement and campaign finance statutes are clear that neither political parties nor joint fundraising committees with non-candidate members can be entitled to the LUC,” Judge King wrote for the majority.
The majority’s reading is that the Communications Act gives the discount to a legally qualified candidate. Judge Wilkinson dissented.
On Monday the National Republican Congressional Committee and the National Republican Senatorial Committee asked the Supreme Court to pause that decision, Amy Howe reported for SCOTUSblog. Howe wrote that the Court on Monday afternoon directed a response by noon Thursday, Sept. 3. The statutory lowest-unit-charge window opens Friday, Sept. 4.
The File did not retrieve the emergency application PDF from supremecourt.gov. The Monday filing and the Sept. 3 deadline are carried here on SCOTUSblog’s account.
What is still unknown or disputed
- Supreme Court docket number and full application text from supremecourt.gov.
- The application PDF was not retrieved from supremecourt.gov.
Primary sources
Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.
Source 1
Brown v. FCC, No. 26-1785 (4th Cir. Aug. 25, 2026)
U.S. Court of Appeals for the Fourth Circuit · August 25, 2026
“we conclude that the LUC requirement and campaign finance statutes are clear that neither political parties nor joint fundraising committees with non-candidate members can be entitled to the LUC.”
https://www.ca4.uscourts.gov/opinions/261785.P.pdf
Source 2
Republican groups file emergency application to court on broadcasting rates for political ads
SCOTUSblog · August 31, 2026
Two Republican groups on Monday asked the Supreme Court to temporarily pause a ruling by a federal appeals court. The court on Monday afternoon directed the Democratic challengers to respond to the Republicans’ application by noon on Thursday, Sept. 3.
https://www.scotusblog.com/2026/08/republican-groups-file-emergency-application-to-court-on-broadcasting-rates-for-political-ads/