FCC v. Brown · ¶3
On September 4, 2026, we granted an application to stay the Fourth Circuit’s decision. In our per curiam opinion, we explained that the Communications Act “makes clear” that the Commission must resolve an application for review by order “before an aggrieved party may petition for further review in federal court.” National Republican Congres sional Committee v. Brown, 609 U. S. ＿＿＿, ＿＿＿–＿＿＿ (2026) (slip op., at 2–3). “Because the candidates’ application for review was pending when they filed their petition for review,” we continued, “the Fourth Circuit likely lacked statutory jurisdiction to address their challenge.” Id., at ＿＿＿ (slip op., at 3). Indeed, the Fourth Circuit’s holding to the contrary “split[] with every other Circuit to have considered the issue.” Ibid. (citing Council Tree Communications, Inc. v. FCC, 503 F. 3d 284, 287 (CA3 2007); Alabama Power Co. v. FCC, 311 F. 3d…Read in context ›
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