• The Second Circuit has denied President Trump’s appeal of the $5 million sexual abuse and defamation verdict in the E. Jean Carroll case, escalating the likelihood of a Supreme Court review and raising critical questions about presidential immunity, legal precedent, and political accountability.

NEW YORK CITY, NY (TDR) — A sharply divided federal appeals court rejected President Trump’s appeal of a $5 million verdict in a high-profile sexual abuse and defamation case, intensifying the legal showdown between the 47th president and columnist E. Jean Carroll. The ruling paves the way for a potential Supreme Court clash that could set a historic precedent on presidential liability and speech.

The decision by the Second U.S. Circuit Court of Appeals stems from Carroll’s 2019 accusation that Trump sexually assaulted her in the 1990s at Bergdorf Goodman, a luxury Manhattan department store. After Trump called the allegations “totally lying,” Carroll filed two defamation lawsuits, one of which was enabled by New York’s Adult Survivors Act, a law allowing time-barred sexual assault cases to move forward.

Judges Appointed by Democrats Uphold $5M Verdict

A three-judge panel—all appointed by Presidents Obama or Biden—denied Trump’s bid to overturn a jury’s $5 million judgment, which found him liable for sexual abuse and defamation but not legally liable for rape. Trump has 30 days to seek certiorari from the Supreme Court, though the justices are not obligated to hear the case unless four agree to do so under the so-called “Rule of Four.”

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Trump’s appeal had argued that procedural and substantive irregularities—such as Judge Lewis Kaplan’s rulings on what Trump could and could not challenge in court—invalidated the outcome. One of Trump’s own judicial appointees, Judge Steven Menashi, issued a scathing dissent, accusing the panel of “striking departures” from established precedent “to justify the irregular judgment in this case.”

Trump Eyes SCOTUS After Multiple Legal Setbacks

This is only one of several legal battles involving Trump and Carroll. A second jury awarded Carroll $83 million for additional defamation, a verdict the president is also appealing. Trump has invoked the Supreme Court’s recent decision in Trump v. United States, arguing that his public comments were made during his presidency and are therefore presumptively immune from civil prosecution.

However, that landmark ruling addressed criminal prosecution, not civil liability. The Second Circuit has yet to issue a decision on the $83 million appeal but has already denied Trump’s request to substitute the Department of Justice as the defendant—an unusual move that could have made taxpayers liable for his legal defense and the judgment.

Judge Kaplan’s Controversial Role Under Scrutiny

Judge Kaplan, a Clinton appointee, has been a lightning rod throughout the proceedings. He barred Trump from disputing the jury’s earlier finding of sexual abuse, and in a legal twist, declared that Carroll had effectively proven Trump “raped” her “as many people commonly understand the word,” despite the legal definition excluding that conclusion.

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Trump responded furiously, denouncing Kaplan on Truth Social, calling him a “seething and hostile Clinton-appointed Judge” and demanding sanctions. “No wonder our Country is going to Hell!” Trump posted, while also telling reporters that Kaplan was a “nasty man.”

Carroll’s Fame and Profit Rise as Legal Battles Continue

Despite securing two jury verdicts, Carroll has yet to collect any funds. Nonetheless, she has found new acclaim as an author. Her latest book, Not My Type: One Woman vs. a President, inspired by Trump’s dismissal of her as “not my type,” climbed the New York Times bestseller list and remains a focal point in her media campaign.

St. Martin’s Press, her publisher, markets the book as a courtroom memoir that puts readers “in a better seat than the jury box.” The narrative reportedly includes personal anecdotes, fashion choices for court appearances, and commentary aimed at shaping public perception.

As Carroll’s public profile grows, Trump’s legal options narrow. If the Supreme Court declines to take the case, the $5 million verdict becomes final. If the Court hears the case and rules against him, Trump could face broad implications for presidential immunity and post-office accountability.

Will the Supreme Court take the case—and could it redefine the legal limits of presidential speech and immunity?

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