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January 28, 2026

The Supreme Court will decide whether Trump must pay E. Jean Carroll $5 million for defamation

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Supreme Court could set precedent on presidential civil immunity

The Supreme Court scheduled Trump's petition for review for their Feb. 20, 2026 private conference. The justices will decide whether to hear the case or let lower court rulings stand. Most petitions are denied without explanation.

Trump filed the appeal after a federal jury in May 2023 found him liable for sexually abusing Carroll and defaming her. The jury awarded Carroll $5 million in damages, including $2 million for sexual abuse and $3 million for defamation.

Carroll, a longtime advice columnist for Elle magazine, alleged Trump raped her in a Bergdorf Goodman dressing room in 1996. She went public with her story in a 2019 New York magazine essay, then filed the lawsuit in 2022 after New York passed the Adult Survivors Act.

Trump denied the allegations and claimed he never met Carroll. During his presidency, he said she was "not my type" and that her story was a "con job" created by Democrats. These statements formed the basis of the defamation claim.

The case tests the scope of presidential immunity for civil lawsuits. Trump argued he should have absolute immunity from civil suits for conduct within his official duties, but the courts ruled the alleged conduct occurred before he took office.

If the Supreme Court takes the case, it would be the first time they consider presidential immunity for civil damages since Clinton v. Jones in 1997. That case established that presidents aren't immune from civil suits for conduct before taking office.

The justices have previously declined to hear several other Trump-related cases, including challenges to his tax returns and business interests. Their decision on whether to take this case will signal their willingness to wade into presidential legal disputes.

⚖️Justice📜Constitutional Law

People, bills, and sources

Donald Trump

Donald Trump

President of the United States

E. Jean Carroll

Writer and advice columnist

Lewis Kaplan

U.S. District Judge

Roberta Kaplan

Carroll's attorney

Amy Howe

Supreme Court analyst

Misty Severi

Court reporter

What you can do

1

civic action

Monitor Supreme Court decisions on presidential immunity

The court's decision on whether to hear this case will affect future lawsuits against presidents. Citizens should watch for rulings on presidential immunity for civil conduct.

Hi, I'm calling to follow the Supreme Court's consideration of Trump's appeal in the Carroll case. I want to know: Will the court be hearing arguments on presidential civil immunity? When will the decision be announced? How can I stay informed about this case and its implications for presidential accountability? Thank you.

2

civic action

Support organizations that help sexual assault survivors

Carroll's case highlights challenges survivors face when suing powerful figures. Support groups provide legal assistance and advocacy for survivors of sexual assault.

Hi, I'm calling to support sexual assault survivors in light of the Carroll case. The case shows how difficult it is for survivors to get justice, especially when suing powerful people. What kind of support does your organization provide for survivors considering legal action? How can I help support survivors in my community? Thank you for your work.

3

civic action

Learn about defamation law and public figures

The case involves complex defamation law issues. Understanding how defamation works when public figures respond to allegations helps citizens evaluate similar cases.

Hi, I'm calling to learn more about defamation law in light of the Trump-Carroll case. I want to understand: How does defamation law work when public figures respond to allegations? What protections exist for both accusers and those accused? How does this case affect free speech and press freedom? Thank you.

4

civic action

Support judicial independence and rule of law

This case tests whether courts can hold presidents accountable. Supporting judicial independence helps ensure equal justice under law.

Hi, I'm calling to support judicial independence in light of the Supreme Court's consideration of the Trump-Carroll case. I want to understand: How does the court system ensure equal justice for all parties? What protections exist for judicial independence? How can citizens support the rule of law? Thank you.