Trump Faces New Supreme Court Appeal Over Presidential Immunity

Key facts

• Donald Trump is filing a second Supreme Court petition related to defamation cases.
• The new petition will address the issue of presidential immunity.
• A previous petition concerns a $5 million defamation award from 2023.
• A separate case resulted in an $83.3 million defamation damages award.
• The Supreme Court has not yet decided whether to review the first petition.
• The Justice Department will file its own Supreme Court petition regarding the Westfall Act.
• The Supreme Court requires four justices to grant review of a petition.

Second Supreme Court Bid Looms

Donald Trump is poised to file a second petition with the Supreme Court, this time focusing on the complex issue of presidential immunity in civil matters. This move comes as a prior appeal in a defamation case against writer E. Jean Carroll remains pending before the justices. The filings signal a significant escalation in Trump's legal battles, as he seeks to leverage the nation's highest court to overturn substantial financial judgments. Even if the Supreme Court ultimately denies review of these petitions, Carroll will be unable to collect the millions awarded to her until the court makes a decision.

The $5 Million Case and Pending Review

The first petition stems from a New York City jury's 2023 award of $5 million. The jury found Trump liable for sexual abuse and defamation concerning events in 1996 and 2022. Trump's argument centers on the alleged wrongful admission of evidence, including the "Access Hollywood" tape. He contends that his appeal offers the justices an opportunity to clarify how courts should handle evidence. Carroll's legal team, however, argues there is no compelling reason for the Supreme Court to intervene. Despite the petition having been pending for months, it has not yet reached the justices' private conference for consideration. The next opportunity for them to deliberate on this appeal is scheduled for May 14.

Upcoming Petition on $83.3 Million Award

Meanwhile, a petition concerning a separate, larger defamation award of $83.3 million is now en route to the Supreme Court. This filing was described as "upcoming" in a recent court document submitted by Trump. The new filing specifically requests that the federal appeals court delay the enforcement of its latest ruling against Trump while his challenge proceeds to the Supreme Court. This action underscores the high stakes of the forthcoming petition. Trump asserts that this case presents critical questions, including those pertaining to presidential immunity, particularly as it relates to statements made during his first term as president.

Presidential Immunity in Civil vs. Criminal Contexts

While a previous Supreme Court case involving Trump addressed criminal immunity, these current appeals deal exclusively with civil matters. Nevertheless, Trump's legal team argues that the principles established in the criminal immunity ruling could benefit his defense in the $83.3 million civil case. The legal strategy also involves the Westfall Act, a federal statute that determines whether the U.S. government can be substituted as the defendant in cases against federal employees. The Justice Department has indicated it will file its own Supreme Court petition concerning this specific issue. This coordinated approach suggests Trump will receive governmental backing in his personal appeal to the Supreme Court.

The Court's Deliberation Process

The Supreme Court operates on a system where four justices must agree to grant review for a petition to be heard. There is no set deadline for the court to make this decision. If the justices agree to hear either of Trump's appeals, the question of whether the awarded damages will stand will remain unresolved until a final ruling is issued. Such a ruling would likely occur in a subsequent term. Appeals granted review at this stage of the court's term, barring exceptional circumstances, would typically be argued in the term beginning in October.

Implications for Presidential Power

The outcome of these petitions could have far-reaching implications for the scope of presidential immunity. A ruling in Trump's favor could potentially shield future presidents from certain civil lawsuits while in office or immediately after. Conversely, a denial of review or an affirmation of the lower court rulings would reinforce the accountability of former presidents to civil judgments. The Supreme Court's decision on whether to take up these cases will shape the legal landscape surrounding executive power and personal liability.

The bottom line

• Donald Trump is pursuing Supreme Court review in two separate defamation cases brought by E. Jean Carroll.
• A key legal argument in the upcoming petition centers on the doctrine of presidential immunity.
• The cases involve substantial financial damages, totaling $5 million and $83.3 million respectively.
• The Justice Department will independently petition the Supreme Court regarding the Westfall Act's applicability.
• The Supreme Court's decision to hear these cases will determine the finality of the defamation awards.
• The outcomes could significantly influence the legal boundaries of presidential immunity in civil litigation.