Michelle Goldberg
In April, attorney Norm Eisen was entering the Supreme Court as part of the legal team defending birthright citizenship when he received a text from actor Mark Ruffalo.
Along with several entertainment industry figures, Ruffalo was seeking ways to halt the pending merger between Paramount and Warner Bros. The deal would leave MAGA ally David Ellison controlling two of the five major movie studios, alongside HBO Max and CNN. After acquiring Paramount, CBS's parent company, in 2025, Ellison pleased Donald Trump by placing anti-woke editor Bari Weiss atop the news division, throwing 60 Minutes and other programming into crisis. Variety noted his expanding empire "skews alpha male," raising concerns that studio content would align closely with MAGA messaging. Ellison’s eagerness to cater to the president — including hosting a party in his honour — likely explains why Trump’s Justice Department approved the Warner Bros bid, reportedly overruling career officials concerned about antitrust violations.
Should the merger go forward, many in Hollywood worried the new media behemoth would greenlight fewer TV shows and films, especially those that displeased Ellison’s Republican allies. CNN might become an ersatz Fox News. “Any kind of documentaries that are holding power to account will never make it to the marketplace,” Ruffalo said.
Initially, options to stop the consolidation seemed bleak. Industry sentiment was a mix of fatalism and self-interest. When Trump returned to office, he appeared to usher in a cultural and political shift. Following the Justice Department’s approval, Ellison’s success seemed inevitable. Many were also wary of Warner Bros.’ alternative suitor, Netflix, fearing it would release fewer films in theatres. Reluctant to cross a rising power broker, "most of Hollywood simply laid down," Ruffalo observed.
However, Eisen, who has emerged as a key legal strategist for the anti-Trump movement, saw a path to challenge the deal. "In a backsliding democracy, an autocrat’s favoured cronies typically seize oligarchic control of the media," Eisen noted, pointing to developments in Russia, Turkey, and Hungary.
During a phone call from the Supreme Court steps, Eisen drafted an open letter condemning the merger and encouraging state attorneys general to intervene. Leading Hollywood figures, including JJ Abrams, Damon Lindelof, and Ben Stiller, signed on. A newspaper guest essay co-authored by Ruffalo asserted that the outcome was not yet set. That assessment proved accurate: 12 Democratic attorneys general subsequently sued to block the takeover on antitrust grounds.
“Historically, it’s unusual for the states to take the lead on antitrust enforcement actions,” reported Variety. But the case was strong enough that last week, a California judge issued a temporary restraining order putting the merger on hold. Paramount, which intended to close the deal this month, agreed to postpone it until next June or the conclusion of the trial.
“I think it’s seismic,” media reporter Oliver Darcy said of the delay. “And it certainly puts into question whether this deal will cross the finish line.”
Even if Ellison ultimately prevails, the delay carries significant financial consequences. To outbid Netflix, Paramount included a ticking fee promising Warner Bros shareholders roughly 7 million USD per day if the deal failed to close by Sept 30. A delay extending through next June could cost Paramount nearly 2 billion USD.
The lawsuit may also force Paramount to negotiate a settlement, potentially by spinning off CNN or offering job protections in Hollywood. California Attorney General Rob Bonta indicated that while relinquishing CNN alone would not resolve all issues, it would hold significant weight.
The prospect of defeating the merger has invigorated industry resistance. Following Paramount’s announcement, SAG-AFTRA voted to oppose the transaction. Ruffalo noted a growing realisation that bowing to political pressure guarantees defeat, whereas active opposition offers a fighting chance.
That’s the lesson for Eisen, too: that Trump is beatable if you take a page from his playbook and flood the zone with opposition. In Trump’s second term, Eisen’s 60-person outfit, Democracy Defenders, has been involved in some of the most consequential legal battles against Trump: protecting birthright citizenship, ending Trump’s “weaponisation” slush fund, blocking the Justice Department’s attempt to subpoena election officials in Georgia, and stripping Trump’s name off the Kennedy Centre.
“They’re all about the defence of our democracy,” said Eisen. “And in some ways, the Paramount/Warner Bros. case is as important as any of them.”