Can Trump Appeal the Carroll Verdict to the Supreme Court?

Trump can appeal the Carroll verdict to the Supreme Court, and he already has. After the U.S. Court of Appeals for the Second Circuit affirmed both judgments against him, Trump filed a petition for a writ of certiorari on November 10, 2025, docketed as No. 25-573. As of late March 2026, the petition has been distributed for conference and rescheduled multiple times without a decision on whether the Court will hear the case.1Supreme Court of the United States. Docket for 25-573 The Supreme Court is his last option, and it is a long shot.

Where the Case Stands Now

Two federal juries in the Southern District of New York returned verdicts totaling $88.3 million: $5 million on sexual abuse and defamation claims, and a separate $83.3 million on defamation alone, split between $18.3 million in compensatory damages and $65 million in punitive damages.

The Second Circuit affirmed the $5 million verdict on December 30, 2024, holding that testimony from two other accusers and the 2005 Access Hollywood recording were properly admitted, and that any debatable evidentiary rulings did not affect Trump’s substantial rights.2Justia. Carroll v. Trump, No. 23-793 (2d Cir. 2024)

The court affirmed the $83.3 million verdict on September 8, 2025. It rejected Trump’s presidential immunity defense, holding that the immunity is waivable and that Trump had waived it by waiting roughly three years, until January 2023, to raise it. The panel found the Supreme Court’s decision in Trump v. United States did not change that conclusion. On damages, the court called the awards “fair and reasonable” in light of “extraordinary and egregious facts,” pointing to defamatory statements that became “more extreme and frequent as the trial approached.”3Justia. Carroll v. Trump, No. 24-644 (2d Cir. 2025)

What the Supreme Court Petition Asks

A certiorari petition asks the Justices to review specific legal questions, not to retry the case. The Supreme Court does not reweigh evidence, reassess witness credibility, or second-guess the jury’s factual findings. Any review would focus on discrete legal issues carried over from the Second Circuit rulings.

The likeliest questions are the scope of presidential immunity in civil defamation suits and whether the waiver doctrine applies to that defense. Trump’s team also challenged the $83.3 million award as constitutionally excessive under the Due Process Clause, and objected to the admission of testimony from other accusers and the Access Hollywood recording under Federal Rules of Evidence 413 and 415.

How Likely Is the Supreme Court to Take the Case

The odds are steep. The Court receives thousands of petitions each year and grants full review in fewer than 100. For paid petitions like Trump’s, the historical grant rate runs between 3 and 5 percent.

The petition has now been rescheduled for conference several times. Repeated rescheduling can signal that the Justices are still deliberating, but it does not reliably predict a grant or a denial. Carroll filed her opposition brief on January 14, 2026, and Trump filed his reply on January 28, 2026.1Supreme Court of the United States. Docket for 25-573

The procedural clock behind the petition: a losing party at a federal court of appeals has 90 days from the entry of judgment to file a certiorari petition, with a possible 60-day extension for good cause.4Legal Information Institute. Supreme Court Rule 13 – Review on Certiorari: Time for Petitioning

Is Collection Paused While the Petition Is Pending

Filing an appeal does not automatically stop collection. To pause enforcement, a defendant must post a supersedeas bond covering the judgment plus anticipated interest and costs.5Legal Information Institute. Federal Rules of Civil Procedure Rule 62 – Stay of Proceedings to Enforce a Judgment Trump posted a bond of approximately $91.6 million on the $83.3 million verdict.

Between the Second Circuit’s decision and any Supreme Court action, Trump can ask the Second Circuit to stay its mandate, the formal order sending the case back to the trial court for enforcement. The motion must show the petition raises a substantial question and that there is good cause. A granted stay lasts up to 90 days and continues automatically once the certiorari petition is filed, running until the Supreme Court acts. If certiorari is denied, the mandate issues immediately.6Legal Information Institute. Federal Rules of Appellate Procedure Rule 41 – Mandate: Contents; Issuance and Effective Date; Stay

Interest keeps running the whole time. Post-judgment interest on federal civil judgments accrues from the date judgment was entered, at a rate pegged to the weekly average one-year constant maturity Treasury yield from the week before entry, and it compounds annually.7Office of the Law Revision Counsel. 28 USC 1961 – Interest The longer the case remains unresolved, the more Trump owes.

What Happens If the Supreme Court Declines to Hear It

If the Court denies certiorari, the Second Circuit’s rulings become final. The mandate issues to the trial court, and Carroll can enforce the judgment and collect the full award plus accumulated interest. The appeal bond would be used to satisfy the judgment, with any surplus returned. There is no further appeal from a denial of certiorari.

What Happens If the Supreme Court Agrees to Hear It

A grant of certiorari does not mean Trump wins. Three outcomes are possible.

The Court could affirm the Second Circuit, leaving the $88.3 million intact. It could reverse on a legal issue, most plausibly presidential immunity, which could nullify part or all of the $83.3 million verdict. Or it could remand to the lower courts with instructions to reconsider specific questions under a new legal framework.

If a remand focuses on excessive damages rather than liability, the trial court has a tool called remittitur. It gives the plaintiff a choice: accept a reduced damage amount or go through a new trial on damages only. In practice, most plaintiffs accept the reduction rather than risk a second trial.

For now, the $88.3 million in combined verdicts stands, and interest is accruing. The pending certiorari petition is the last procedural mechanism Trump has. If the Court declines to hear the case, the judgments become final and enforceable without further appeal.