BY Benjamin ClarkMay 13, 2026
8 hours ago
BY 
 | May 13, 2026
8 hours ago

Federal appeals court pauses $83 million Carroll defamation award, giving Trump path to Supreme Court review

The 2nd U.S. Circuit Court of Appeals agreed Tuesday to let President Donald Trump delay payment of an $83.3 million defamation award to former advice columnist E. Jean Carroll while he takes his challenge to the Supreme Court, a court entry revealed. The ruling spares Trump from writing a check on a verdict he has called a "made up scam", at least until the nation's highest court decides whether to hear his appeal.

The stay is procedural, not a ruling on the merits. But it marks a concrete win for Trump's legal team after months of setbacks in the same court. And it sets the stage for a Supreme Court showdown over presidential speech, defamation law, and the scope of executive immunity.

What the appeals court ordered

Trump attorney Justin D. Smith had asked the 2nd Circuit to freeze the effect of its own decision upholding the January 2024 verdict. Smith argued there was a "fair prospect" the Supreme Court would ultimately find in Trump's favor. The court granted that request but imposed a condition: Trump must post a $7.4 million bond to cover any additional interest that accrues during the delay.

The bond requirement protects Carroll's financial interest while the appeal plays out. But the practical effect is clear, Trump keeps the $83.3 million in his pocket for now, and Carroll cannot collect.

The ruling came just weeks after the same appeals court refused Trump's request for a rare full-court rehearing of the three-judge panel's decision affirming the verdict. That denial seemed to close the door at the circuit level. Tuesday's stay cracked it back open, not by revisiting the merits, but by acknowledging that the Supreme Court may want to.

The case's long arc

Carroll first went public with her allegations in 2019, claiming Trump sexually attacked her in a Manhattan luxury department store dressing room in 1996. She published the account in a memoir that same year. Trump denied the allegations and attacked Carroll's credibility repeatedly.

In May 2023, a jury awarded Carroll $5 million after concluding Trump had sexually abused her and then defamed her when he responded to her memoir. A second trial followed, focused on additional defamatory statements. That jury returned a far larger verdict, $83.3 million, in January 2024.

Trump has been fighting the award ever since. His legal team is challenging the judgment on several grounds, including an assertion of "absolute immunity" for statements he made while serving as president. That argument, if accepted, could reshape the boundary between official presidential speech and personal legal liability, a question the Supreme Court has not fully resolved in the defamation context.

The immunity question is one reason the case may attract the justices' attention. The Court has been navigating politically charged cases with increasing frequency, and a dispute involving a sitting president's prior statements carries obvious constitutional weight.

What the appeals court said about Trump's conduct

When the 2nd Circuit panel upheld the verdict in September, it did not mince words about Trump's public statements regarding Carroll. The panel wrote that his attacks against her continued for at least five years and became "more extreme and frequent as the trial approached."

"He also continued these same attacks during the trial itself. In one such statement, issued two days into the trial, Trump proclaimed that he would continue to defame Carroll 'a thousand times.'"

That language from the panel underscores how heavily the appeals court weighed Trump's own words in affirming the damages. Whether the Supreme Court views those statements the same way, or finds constitutional problems with how they were treated, remains an open question.

Trump has maintained that Carroll's claims are a "made up scam." His defense team has framed his public responses as protected speech, particularly those made during his presidency. The tension between a president's right to speak freely and a private citizen's right to seek damages for defamation sits at the heart of the appeal.

A procedural win, not a final one

It is worth stating plainly what Tuesday's ruling does not do. It does not overturn the verdict. It does not vacate the $83.3 million award. It does not find that Trump's statements were protected by immunity. The Washington Examiner noted that the ruling amounts to short-term procedural relief, not a judgment on the underlying facts.

But procedural wins matter. They buy time. They preserve the status quo. And they signal that at least some judges believe the losing party's arguments deserve a hearing at the next level. Smith's claim of a "fair prospect" at the Supreme Court was enough to clear that bar.

The broader pattern here is familiar. Trump's legal adversaries have won verdict after verdict in lower courts, only to see enforcement delayed through appeals. Efforts to undo past institutional actions against Trump have become a recurring feature of his political and legal life. Whether those efforts succeed often depends on which court gets the last word.

What happens next

Trump's team now has a window to petition the Supreme Court for review. The justices can choose to hear the case, decline it, or let the appeal sit while they handle other business. If the Court declines, the stay dissolves and Carroll can move to collect the full award plus interest.

If the Court takes the case, the implications stretch well beyond Trump and Carroll. A ruling on presidential immunity in defamation cases would set precedent for every future president who faces civil liability for statements made in office. The Washington Times reported that the stay was granted specifically because the Supreme Court had not yet had a chance to weigh in.

Carroll's legal team has not commented publicly on the stay, at least not in available reporting. The columnist's side has prevailed at every stage so far, before two juries and a three-judge appellate panel. But the Supreme Court is a different arena, and the constitutional questions Trump is raising are the kind the justices sometimes find hard to ignore.

The political reaction to adverse court rulings has grown sharper in recent years on both sides, and a Supreme Court decision touching presidential speech would land in an already volatile environment.

The bottom line

For now, the $83.3 million stays where it is. Trump posts a $7.4 million bond and waits. Carroll waits too. The next move belongs to the Supreme Court.

The 2nd Circuit's willingness to grant the stay, after months of ruling against Trump on the merits, suggests even the judges who upheld the verdict recognize the constitutional questions are serious enough to deserve one more look. The Supreme Court has shown no reluctance to wade into politically charged disputes when the legal stakes are high.

Whether that final look vindicates Trump or confirms the award, the case will help define where a president's right to speak ends and a private citizen's right to be made whole begins. That question is bigger than any one verdict, and it deserves an answer from the only court that can settle it for good.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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