President Donald Trump filed a motion asking the 2nd U.S. Circuit Court of Appeals to pause its ruling in E. Jean Carroll's $83 million defamation case while he prepares a petition to the U.S. Supreme Court [1]. The motion follows the 2nd Circuit's rejection of Trump's request for en banc rehearing, which would have reconsidered the panel decision upholding Carroll's jury award [1]. Trump is seeking to preserve his legal options before the appellate court's ruling takes full effect.
The central legal theory Trump advances is that the Westfall Act, 28 U.S.C. § 2679, requires substitution of the United States as the defendant in place of Trump, on the ground that his allegedly defamatory statements were made within the scope of his federal employment [1]. If successful, that substitution would extinguish Carroll's defamation claim entirely, because the federal government cannot be sued for defamation under the Federal Tort Claims Act. The argument is an extension of the presidential immunity framework, pressing the question of how far official-capacity protections extend to statements made outside formal governmental duties. Carroll's jury returned the $83 million verdict following a 2024 trial on defamation claims arising from Trump's public denials of her sexual-assault allegations [1].
The 2nd Circuit's en banc denial leaves the panel ruling in place, and Trump's stay motion is now before that same court [1]. A stay pending certiorari requires Trump to show, among other factors, a reasonable probability that the Supreme Court will grant review and a fair prospect that at least five justices would reverse. The Westfall Act question, as applied to a sitting or former president's public statements, presents a statutory and constitutional issue the Court has not squarely resolved, which may bolster the argument for certiorari eligibility.
If the 2nd Circuit denies the stay, Trump can seek the same relief directly from the Supreme Court or a single Circuit Justice. The Supreme Court's October 2026 term calendar and any expedited briefing schedule would shape the timeline. Carroll's legal team is expected to oppose the stay on the grounds that further delay prejudices enforcement of a final judgment. The outcome of the stay motion will determine whether Carroll can move to collect on the verdict while the constitutional and statutory questions proceed through the certiorari process.