Second Circuit grants Trump a stay on $83.3 million E. Jean Carroll defamation award

By 
, May 13, 2026

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 E. Jean Carroll while he seeks Supreme Court review, a significant procedural win that keeps the massive judgment on hold and buys time for the nation's highest court to weigh in.

The ruling came with a condition. Trump must post a $7.4 million bond to cover any additional interest costs that accrue during the delay, a request made by Carroll's attorney. But the core effect is plain: Trump will not be forced to write an eight-figure check until the Supreme Court either takes up his appeal or declines to hear it.

Trump attorney Justin D. Smith had asked the Second Circuit to stay the effect of its own decision upholding the award, arguing there was a "fair prospect" that the Supreme Court will ultimately rule in Trump's favor. The appeals court granted that request, as reported by Newsmax, setting the stage for what could become one of the more closely watched civil cases on the Supreme Court's docket.

A long legal road to this point

The case stretches back years. Carroll, a longtime advice columnist, first publicly claimed in 2019 that Trump sexually attacked her in a Manhattan luxury department store dressing room in 1996. She published her account in a memoir that same year. Trump called the allegations a "made up scam," disavowed knowing Carroll, and attacked her motivations.

In May 2023, a jury awarded Carroll $5 million after concluding Trump had sexually abused her and then defamed her following the publication of her memoir. A second trial produced the far larger $83.3 million verdict in January 2024, a sum that raised eyebrows even among legal observers accustomed to large defamation awards.

The January 2024 jury had been instructed to accept the findings of the earlier May 2023 jury. That procedural detail matters. It meant the second jury's task was narrower, focused on damages for Trump's ongoing public statements about Carroll rather than relitigating the underlying abuse claim.

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Trump has challenged the $83.3 million award on several grounds, including a claim of "absolute immunity" for comments he made while serving as president. That argument, that a sitting president's public statements enjoy broad constitutional protection, even when they target a private citizen, could prove attractive to a Supreme Court that has already shown interest in the boundaries of presidential immunity in other contexts.

The appeals court's own words

The Second Circuit has not been friendly territory for Trump in this case. A three-judge panel affirmed the January 2024 verdict in September, and AP News reported that the panel wrote Trump continued attacking Carroll for at least five years, with his statements becoming "more extreme and frequent as the trial approached."

The panel's opinion included pointed language about Trump's conduct during the trial itself:

"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 kind of language from a federal appeals court is not easily dismissed. It signals that the panel viewed Trump's public commentary as a deliberate choice, not a casual aside, and it will be part of the record the Supreme Court reviews if it takes the case.

Late last month, the full Second Circuit refused Trump's request for a rare en banc rehearing, a meeting of the entire circuit bench to reconsider the three-judge panel's ruling. That refusal left the Supreme Court as Trump's last avenue of appeal, making Tuesday's stay all the more consequential. The Washington Examiner noted that Trump continues to challenge the award on immunity and other grounds as the case moves toward the high court.

What the stay means, and what it doesn't

A stay is not a reversal. It does not erase the jury's verdict or the appeals court's affirmance. What it does is prevent the judgment from being enforced while the legal process plays out. For Trump, that means he avoids the immediate financial hit of an $83.3 million payout. For Carroll, it means more waiting.

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The $7.4 million bond requirement ensures Carroll is not left empty-handed if the delay drags on and interest accrues. It is a standard mechanism, courts routinely require bonds in situations like this to protect the prevailing party from being shortchanged by the passage of time.

The broader legal landscape is worth watching. Federal courts have been active battlegrounds on questions of executive authority and immunity, from appeals court deadlocks over ICE mandatory detention policy to fights over the scope of presidential power in other domains. The Carroll case adds a civil dimension to that ongoing constitutional conversation.

Trump's immunity argument, in particular, could have implications well beyond this single case. If the Supreme Court agrees to hear the appeal and rules that a president's public statements, even combative ones, enjoy some form of constitutional protection, it would reshape the legal exposure every future president faces for remarks made in office.

That is a question worth resolving at the highest level, regardless of where one stands on the underlying facts of the Carroll dispute.

The politics underneath

It is impossible to separate this case entirely from the political environment. Carroll's claims surfaced publicly in 2019, during Trump's first term. The lawsuits proceeded through his time out of office and now continue while he serves again as president. The timing has always invited skepticism from Trump's supporters, who view the litigation as part of a broader pattern of legal actions aimed at a political figure rather than genuine pursuit of justice.

Trump himself has never wavered from calling the claims fabricated. His legal team's decision to press the immunity argument all the way to the Supreme Court reflects confidence that the constitutional question is strong enough to survive scrutiny, and that the political dynamics of the case do not diminish the legal merits of the defense.

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Meanwhile, the institutional machinery that has processed these cases, from Manhattan juries to the Second Circuit, has operated in a jurisdiction where Trump's political standing is, to put it mildly, not an advantage. Whether the Supreme Court provides a different forum with a different result remains to be seen.

The Washington Times reported that the case remains tied to Trump's broader appeal arguments, including the immunity claims that could reshape how presidential speech is treated under the law.

In other legal and political developments, the Trump administration has faced multiple circuit court challenges on immigration enforcement, and the president's political maneuvering has extended to cross-party outreach efforts that reflect the breadth of his current agenda.

What comes next

The ball now moves to the Supreme Court. Trump's legal team will need to file a petition for certiorari, a formal request for the justices to take the case. The court can grant review, decline it, or request additional briefing. If it declines, the $83.3 million judgment becomes enforceable. If it grants review, the case enters full briefing and oral argument, likely pushing any final resolution well into the future.

Smith's assertion that there is a "fair prospect" the Supreme Court will side with Trump is, of course, advocacy. But the Second Circuit's willingness to grant the stay suggests the court itself recognized the legal questions are serious enough to warrant a pause.

For now, the judgment is frozen. The bond is posted. And the most important question, whether a president can be held liable for tens of millions of dollars over public statements made while in office, heads to the one court equipped to answer it.

If the rule of law means anything, it means that question deserves a hearing on the merits, not a verdict delivered by geography.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson