What's happened
The Supreme Court is being asked to reverse an $83.3 million damages award against Donald Trump over his 2019 comments about E. Jean Carroll, with Trump and the Justice Department invoking presidential immunity and the Westfall Act to shield actions during his presidency.
What's behind the headline?
Context and stakes
- The petitions sit at the intersection of presidential immunity and civil liability, a hot-button issue after recent high court actions.
- The government argues that the Westfall Act protects federal employees when acting within their job scope; the Trump team argues that immunity should cover presidential statements in office.
- The coming decision will shape future accountability for presidents’ public remarks during office and could influence how courts handle similar defamation suits.
What to watch
- Whether the Supreme Court takes up the case this term and how it frames presidential immunity for civil judgments.
- How lower courts interpret whether statements were made in an official act or personal capacity.
Reader takeaway
- The outcome could redefine limits on post-presidency liability for statements made while in office, affecting public discourse and presidential accountability.
How we got here
Carroll has alleged Trump sexually assaulted her in the Bergdorf Goodman store in the 1990s and sued for defamation after Trump accused her of fabricating the claim. Courts have already addressed a $5 million verdict in a separate case, while the related $83.3 million verdict was issued in January 2024 and remains under appeal as Trump maintains the statements were made in his official capacity.
Our analysis
The Guardian reports that the filing argues to nix damages and cites the Westfall Act; Axios notes the same petition context and previous SCOTUS actions; Al Jazeera provides background on related rulings and the ongoing defamation proceedings.
Go deeper
- Is presidential immunity likely to shield future presidents from civil damages over public statements?
- What happens if the Supreme Court declines to hear the case?
- How might this affect Carroll's legal strategy moving forward?
More on these topics
-
United States - Country in North America
The United States of America, commonly known as the United States or America, is a country mostly located in central North America, between Canada and Mexico.
-
Donald Trump - 45th and 47th U.S. President
Donald John Trump is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party, he served as the 45th president from 2017 to 2021.
-
Bergdorf Goodman - Department store company
Bergdorf Goodman Inc. is a luxury department store based on Fifth Avenue in Midtown Manhattan, New York City. The company was founded in 1899 by Herman Bergdorf and was later owned and managed by Edwin Goodman, and later his son, Andrew Goodman.
-
E. Jean Carroll - American journalist (born 1943)
Elizabeth Jean Carroll (born December 12, 1943) is an American journalist, author, and advice columnist. Her "Ask E. Jean" column appeared in Elle magazine from 1993 through 2019, becoming one of the longest-running advice columns in American publishing..
-
Manhattan - New York City borough
Manhattan, often referred to by residents of the New York City area as the City, is the most densely populated of the five boroughs of New York City, and coextensive with the County of New York, one of the original counties of the U.S. state of New York.
-
Supreme Court - Court
The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high court of appeal.
-
Trump Tower - Skyscraper in New York City, New York
Trump Tower is a 58-floor, 664-foot-tall mixed-use skyscraper at 721–725 Fifth Avenue, between 56th and 57th Streets, in Midtown Manhattan, New York City. Trump Tower serves as the headquarters for The Trump Organization.