National Republican Congressional Committee v. Brown · ¶7

The party committees have also demonstrated that they will likely suffer irreparable harm absent a stay. They represent that, in light of the Fourth Circuit’s decision—which the Fourth Circuit likely lacked jurisdiction to issue— broadcasters are already rescinding favorable rates. Current and future recissions will require the party committees to pay more for advertising space, thereby hampering their efforts to reach the electorate in the critical weeks leading up to the midterms. That injury, which implicates their First Amendment rights to speak and coordinate their political activities freely, National Republican Senatorial Committee v. FEC, 609 U. S. ＿＿＿, ＿＿＿–＿＿＿ (2026) (slip op., at 7–10), cannot be remedied after the fact through refunds or reimbursements. Like the first and second stay factors, the third factor thus warrants granting the application.

slip opinion
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