The Second Circuit Court of Appeals denied President Trump’s request for a full court rehearing of his challenge to an $83.3 million defamation verdict awarded to writer E. Jean Carroll, clearing the path for a Supreme Court appeal.
Court Stands Firm on Timing Issues
The 2nd U.S. Circuit Court of Appeals rejected Trump’s petition for an en banc hearing, which would have allowed all 12 judges to reconsider the case. The majority ruled that Trump cannot substitute the United States as a defendant 15 months after the trial concluded and judgment was entered. Circuit Judge Denny Chin wrote that no other defendant would be permitted such extraordinary relief at this late stage. Trump had argued his statements were made during his presidency, which would transfer liability to the Justice Department and effectively end the case since the government cannot be sued for defamation.
Three judges dissented from the decision, including two Trump appointees and Chief Judge Debra Ann Livingston. The dissenters argued the case involves questions of exceptional constitutional importance regarding presidential immunity and separation of powers. They stated the court should rehear the matter to align with recent Supreme Court decisions on presidential duties and immunity. The 2024 jury awarded Carroll $83 million for defamation related to statements about an alleged encounter three decades ago. A separate $5 million verdict found Trump had sexually abused Carroll in 1996 and later defamed her.
Attorneys Clash Over Decision
Carroll’s attorney Roberta Kaplan welcomed the ruling, stating her client remains eager to conclude the case originally filed in 2019 and obtain final justice. Trump’s legal team condemned the decision as partisan legal warfare, announcing plans to appeal to the Supreme Court. The team’s statement called the case an unlawful weaponization of the justice system and described the proceedings as a Democrat-funded travesty. They maintained the Attorney General determined the Justice Department must take over the defense because Carroll based her claims on official presidential acts.
Supreme Court Path Opens
The decision paves the way for Trump to petition the Supreme Court to hear his presidential immunity arguments. The high court has not yet decided whether to consider Trump’s separate appeal of the $5 million verdict from the first Carroll case. The immunity question centers on whether statements made during a presidency qualify as official acts protected from defamation lawsuits. Legal experts note the Supreme Court’s recent expansion of presidential immunity doctrines could influence how the justices approach Trump’s petition. The case represents one of several legal challenges Trump faces while serving as president, raising unprecedented questions about civil liability for sitting commanders in chief.