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PBS NEWSHOUR

ABC asks federal judge to halt the FCC's early review of its eight station licenses; no ruling before mid-October

Courts and the administration
Political Guyentist · October 7, 20262 min read

PBS NEWSHOUR

The FCC ordered the review in April 2026, though the licenses were not due for renewal until 2028–2031.

ABC asked U.S. District Judge Loren AliKhan on Tuesday, Oct. 6, for a preliminary injunction (a court order that freezes an action while the lawsuit is decided) to stop the Federal Communications Commission's early review of its eight station licenses. She heard about two hours of argument and did not rule.

ABC's case. The network calls the review unconstitutional retaliation that is already chilling its midterm coverage. Its lawyer, Beth Wilkinson, said ABC has its "head on the guillotine," left to wonder "if anything we say is going to make it come down."

The government's case. Justice Department lawyers said the review stems from Disney's alleged failure to cooperate with an investigation of its diversity hiring (DEI) practices, and that this court has no power to hear the case.

The judge. AliKhan pressed DOJ: "What is it that made this so different that you needed to call for an early license renewal?"

What next. The government's supplemental brief is due Oct. 9 and ABC's is due Oct. 14; a decision is not expected before mid-October.

What we’re less sure of2 of 7 claims

Red take

Judge Loren AliKhan should leave the FCC's review alone, because ABC loses nothing while it runs: all eight licenses stay valid. The Justice Department says the April 2026 order grew out of Disney stalling a probe of its diversity hiring. Freeze it now, and any company that ducks its regulator learns that a lawsuit buys delay.

Blue take

Hauling eight ABC stations in to defend licenses not due until 2028–2031 is a threat, and it should be stopped before the midterms. Judge Loren AliKhan asked the Justice Department what made this case "so different." Its answer was a hiring dispute with Disney. Every week the review runs, ABC's reporters weigh each story against their licenses, and voters get news shaped by fear of the FCC.