Supreme Court · Sunday, October 11, 2026
Candidates ask the Supreme Court to lift the pause in the political-ad discount fight
The File desk · Oct 11, 2026, 11:12 AM UTC
Status
Confirmed. The candidates' filing is on the dockets for No. 26A476 and No. 26A477, dated Oct. 10, 2026. As of early Sunday, no ruling was posted.
- Confirmed
Sherrod Brown, Jon Ossoff, Roy Cooper, and Kristen McDonald Rivet filed an opposition on Saturday asking the Court to lift the administrative stay.
- Confirmed
The Supreme Court's orders page, checked Sunday morning, still showed Oct. 8 as the newest entry. Chief Justice John Roberts's pause remains.
Four Democratic candidates asked the Supreme Court on Saturday to let a federal appeals court's order stand. That order would force the Federal Communications Commission to rule on whether party committees may buy television and radio ads at the cheap rate the law guarantees candidates. Chief Justice John Roberts paused the order Thursday. In their filing, Sherrod Brown, Jon Ossoff, Roy Cooper, and Kristen McDonald Rivet say the commission has been stalling to keep the question out of court until after the Nov. 3 election. They say they are already facing a deluge of party ads bought at candidate rates. They want the pause lifted. As of Sunday morning the justices had not acted.
Friday's story covered Roberts's pause in No. 26A476, the Federal Communications Commission's application. Saturday's filing answers that application and a second one, No. 26A477, from the National Republican Congressional Committee and others. No. 26A477 was docketed Oct. 8. The docket says the chief justice requested a response by 5 p.m. Eastern on Saturday, Oct. 10. The opposition brief is captioned Nos. 26A476 and 26A477. Counsel is David R. Fox of Elias Law Group. The brief spells the name Jon Ossoff.
The fight is the Legal instrument In the 45 days before a primary and the 60 days before a general election, a broadcast station cannot charge a legally qualified candidate more than its lowest rate for the same kind of ad time. The rule is in the Communications Act. The government's application in FCC v. Brown quotes the text. Legal instrument In the 45 days before a primary and the 60 days before a general election, a broadcast station cannot charge a legally qualified candidate more than its lowest rate for the same kind of ad time. The rule is in the Communications Act. The government's application in FCC v. Brown quotes the text. Legal instrument The part of the Communications Act that says the full Federal Communications Commission must rule on every request to review a decision by its staff. The candidates' brief quotes the line that every such application shall be passed upon by the commission. 47 U.S.C. § 155 (Cornell). This section was not opened for this edition. Legal instrument The Communications Act is the main U.S. statute governing radio, television, and other communications. It includes the lowest-unit-charge rule for certain political candidate advertising on broadcast stations.Lowest unit charge, 47 U.S.C. § 315(b)
Lowest unit charge, 47 U.S.C. § 315(b)
47 U.S.C. § 155(c)(4)
Communications Act
They ask the Court to deny the applications, lift the administrative stay, and reinstate the Fourth Circuit's order. That order is a Legal instrument A rare court order telling a government official or agency to do something the law requires. In the political-ad case, the Fourth Circuit told the Federal Communications Commission to decide a review request. The government says the statute requires a decision but sets no deadline.Writ of mandamus
What is still unknown or disputed
- When the Court rules.
- Whether Roberts acts alone or refers the applications to the full Court.
- Any government reply.
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
Docket, No. 26A476
Supreme Court of the United States · October 10, 2026
Response to application from respondent Sherrod Brown, et al. filed.
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/26a476.html
Source 2
Docket, No. 26A477
Supreme Court of the United States · October 10, 2026
Response to application (26A477) requested by The Chief Justice, due by 5 p.m. (EDT) on Saturday, October 10, 2026.
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/26a477.html
Source 3
Respondents' Opposition to Stay Applications, Nos. 26A476 and 26A477
Counsel for Sherrod Brown, Jon Ossoff, Roy Cooper, and Kristen McDonald Rivet · October 10, 2026
The Court should deny the Applications, lift the administrative stay, and reinstate the Fourth Circuit’s order requiring the Commission to issue a decision on the Candidates’ Application for Review so that judicial review can occur.
https://www.supremecourt.gov/DocketPDF/26/26A476/429206/20261010192625955_26A476%20opp.pdf
Source 4
Roberts pauses an order forcing the FCC to rule on political-ad discounts
The File · October 9, 2026
Roberts's order, in FCC v. Sherrod Brown, No. 26A476, says the Oct. 7, 2026, judgement of the U.S. Court of Appeals for the Fourth Circuit, case No. 26-2230, is stayed pending further order of the Chief Justice or of the Court.
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