National Republican Congressional Committee v. Brown · ¶6

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. Its holding to the contrary splits with every other Circuit to have considered the issue. Council Tree Communications, Inc. v. FCC, 503 F. 3d 284, 287 (CA3 2007); Alabama Power Co. v. FCC, 311 F. 3d 1357, 1366 (CA11 2002); International Telecard Assn. v. FCC, 166 F. 3d 387, 388 (CADC 1999) (per curiam). Accordingly, the first and second stay factors weigh in favor of granting the application.

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