Alongside Disney’s lawsuit against the Federal Communications Commission regarding the early renewal of the broadcast licenses for their eight owned affiliates, they also demanded a preliminary injuncting ahead of any formal legal proceedings. The federal judge overseeing the case issued her first order on Thursday, setting up the scheduled but also not immediately granting an injunction or temporary restraining order.
Judge Loren L. AliKhan, a Biden-appointed judge, issued a long, one-paragraph order where it made clear she would be giving the FCC a chance to make their case before she would step in tell them to stop. It also set up a schedule for a months-long legal fight:
MINUTE ORDER: Upon consideration of the parties' Joint Status Report [15], it is hereby ORDERED that the following schedule shall govern briefing in this case: (1) Defendants shall file their opposition to Plaintiff’s Motion for Temporary Restraining Order [2] and any motion to dismiss on or before September 3, 2026; (2) Plaintiffs shall file any reply in support of their motion and an opposition to Defendants' motion to dismiss on or before September 17, 2026; (3) Defendants shall file any reply in support of their motion on or before September 24, 2026. It is further ordered that the parties shall contact Courtroom Deputy Ms. Margaret Pham [EMAIL REACTED] to schedule a hearing on the motions during the week of October 5, 2026. Finally, it is further ORDERED that if Defendants issue any hearing designation order directed at Plaintiffs' licenses, the parties will be required to appear in Courtroom 21 the following business day, at a time to be determined by the court, to hear argument on whether the court should issue a temporary restraining order. Signed by Judge Loren L. AliKhan on 8/20/2026. (Iclla1) (Text entry; no document attached.)
In a statement to NewsBusters an FCC spokesperson was happy with the initial order.
“We are pleased that the judge has now rejected Disney’s meritless attempt to rush into court,” the spokesperson said. “The court also sided with the FCC over Disney on the schedule going forward and has declined Disney’s request for an immediate injunction.”
Adding: “The FCC will continue to follow the facts and the law wherever they lead.”
The order does not seem to bar the FCC from making a determination on whether ABC News’ The View was a so-called “bona fide news program.”
Again, Judge AliKhan is a Biden-appointed judge who was only confirmed by one vote because even moderate Democrats couldn’t bring themselves to support her.
