National Republican Congressional Committee v. Brown · ¶11

I would deny the stay. In my view, the applicants are not likely to succeed on the merits of their argument that the Fourth Circuit lacked statutory jurisdiction. See Brown v. FCC, ＿＿＿ F. 4th ＿＿＿, ＿＿＿ (CA4 2026) (Wynn, J., concurring), App. 55 (concluding there is statutory jurisdiction on constructive-denial grounds because “an agency may not reserve to itself the power to defeat judicial review through delay or inaction”); see also Santos-Zacaria v. Garland, 598 U. S. 411, 417 (2023) (explaining that the Court “routinely” treats threshold requirements claimants must complete before filing a lawsuit as “nonjurisdictional” and has “yet to hold that any statutory exhaustion requirement is jurisdictional” (internal quotation marks omitted)).

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