Supreme Court · Monday, October 12, 2026
Government and Republican committees reply in Supreme Court fight over political-ad discounts; pause still in place
The File desk · Oct 12, 2026, 10:59 AM UTC
Status
Confirmed. Replies dated Oct. 11, 2026, are on the dockets for No. 26A476 and No. 26A477. As of Monday morning, no ruling was on either docket.
- Confirmed
The Federal Communications Commission replied in No. 26A476. The National Republican Congressional Committee and the National Republican Senatorial Committee replied in No. 26A477.
- Confirmed
Chief Justice John Roberts’s Oct. 8 pause remains. The dockets show no order after the Sunday replies.
The Federal Communications Commission and two Republican party committees filed reply briefs on Sunday in their effort to keep a pause on a federal appeals court order. That order would force the commission to decide, within a short window, whether party committees may buy TV and radio ads at the cheap rate the law guarantees candidates. Four Democratic candidates — Sherrod Brown, Jon Ossoff, Roy Cooper, and Kristen McDonald Rivet — had answered on Saturday asking that the pause be lifted. Chief Justice John Roberts imposed the pause on Oct. 8. As of Monday morning the justices had not ruled. The applications are No. 26A476 and No. 26A477.
No. 26A476 is the commission’s case, FCC v. Brown. The docket lists an Oct. 11 filing, “Reply of Federal Communication Commission in support of application submitted.” The reply, from the solicitor general, says the candidates would shrink the commission’s review to an order that says “Denied,” so the Fourth Circuit can define 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 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.Lowest unit charge, 47 U.S.C. § 315(b)
Lowest unit charge, 47 U.S.C. § 315(b)
Writ of mandamus
No. 26A477 is the committees’ case. The reply, dated Oct. 11, names the National Republican Congressional Committee and the National Republican Senatorial Committee as the applicants, against Sherrod Brown, Jon Ossoff, Roy Cooper, and Kristen McDonald Rivet. The caption spells the name Jon Ossoff. The docket lists the reply the same day.
Saturday’s story covered the candidates’ filing. They also cite 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. 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.47 U.S.C. § 155(c)(4)
Communications Act
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.
- Whether anyone files a further 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 11, 2026
Oct 11 2026 Reply of Federal Communication Commission in support of application submitted.
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 11, 2026
Oct 11 2026 Reply of National Republican Congressional Committee, et al. in support of application submitted.
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/26a477.html
Source 3
Reply in Support of Application for Stay, No. 26A476
Solicitor General · October 11, 2026
This Court should reject the challengers' invitation to cause electoral chaos and should grant the application for a stay.
https://www.supremecourt.gov/DocketPDF/26/26A476/429208/20261011093121026_26A476%20FCC%20v%20Brown%20Reply.pdf
Source 4
Reply in Support of Emergency Application for Stay, No. 26A477
Counsel for the National Republican Congressional Committee and the National Republican Senatorial Committee · October 11, 2026
NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE AND NATIONAL REPUBLICAN SENATORIAL COMMITTEE, APPLICANTS, v. SHERROD BROWN, JON OSSOFF, ROY COOPER, AND KRISTEN MCDONALD RIVET, RESPONDENTS.
https://www.supremecourt.gov/DocketPDF/26/26A477/429209/20261011135518365_26A477%20Emergency%20Stay%20Reply.pdf
Source 5
Candidates ask the Supreme Court to lift the pause in the political-ad discount fight
The File · October 11, 2026
Four Democratic candidates asked the Supreme Court on Saturday to let a federal appeals court's order stand.
/story/scotus-fcc-brown-candidates-response-oct10
Source 6
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.
/story/scotus-fcc-brown-political-ad-rates-stay-oct8