WASHINGTON—The U.S. Court of Appeals for the District of Columbia Circuit has denied an emergency motion to stay the $6.2 billion Nexstar/Tegna merger that was filed in the court by several broadband associations, DirecTV and Newsmax after the Federal Communications Commission approved the deal.
In a April 28 order, the court noted that a preliminary injunction preventing Nexstar and Tegna from going ahead with the deal and integrating their operations had already been entered by the United States District Court for the Eastern District of California.
“Appellants’ mandamus petitions request a stay of the Media Bureau Order under the All Writs Act, 28 U.S.C. § 1651,” the order said. “For this court to grant such a stay, appellants must show, inter alia, `irreparable harm in the absence of a stay.’”
However, “appellants’ showing of irreparable harm appears to be diminished by the preliminary injunction,” in California, the court noted.
In addition, “appellants have not satisfied the stringent requirements for a stay pending appeal. Specifically, appellants have not shown this court is likely to have jurisdiction under 47 U.S.C. § 402(b) to review the March 19, 2026 order of the Federal Communications Commission’s Media Bureau. An application for review of the Media Bureau Order is currently pending before the Federal Communications Commission. And an appeal of the Media Bureau Order filed in this court before the Commission has resolved the application for review `is subject to dismissal as incurably premature.’"
