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Fact check: What is the current status of E. Jean Carroll's lawsuit against Donald Trump?
Executive Summary
E. Jean Carroll’s legal victory against Donald Trump is currently affirmed at the appellate level, with the United States Court of Appeals for the Second Circuit upholding a district court judgment awarding Carroll $83.3 million and ruling that Trump waived any claim of presidential immunity by failing to assert it timely [1]. President Trump has sought more time from the Supreme Court to decide whether to file a petition for a writ of certiorari seeking review of that Second Circuit decision, asking to extend the September 11, 2025 filing deadline up to November 10, 2025 [2]. These two filings together frame the immediate posture: an affirmed judgment and a pending potential Supreme Court review request.
1. Why the Second Circuit ruling matters and what it decided
The Second Circuit’s opinion in Carroll v. Trump, No. 24-644, is consequential because it affirmed a large monetary judgment against a former president and addressed the interplay between alleged misconduct and presidential immunity. The appellate court confirmed the district court’s findings in favor of E. Jean Carroll, culminating in an $83.3 million damages award, and explicitly held that Donald Trump’s argument that he enjoyed absolute presidential immunity for the conduct alleged was waived when he failed to raise the defense in a timely manner [1]. The ruling therefore leaves the judgment intact at the circuit level and frames the legal question for higher review as whether immunity doctrines or procedural waivers should displace an affirmed damages award against a former president.
2. Trump’s move toward the Supreme Court and the timetable at issue
After the Second Circuit’s September 8, 2025 judgment, President Trump sought to preserve his ability to seek Supreme Court review by applying for an extension of time to file a petition for a writ of certiorari, a procedural step that would keep the door open for the high court to reconsider the case’s key legal holdings [2]. The extension request explains that practical constraints and business press justify postponing the cert petition deadline from the existing September 11, 2025 due date to as late as November 10, 2025, signaling an intent to evaluate whether to pursue the Supreme Court’s review while buying time to prepare legal arguments that likely focus on immunity and procedural waiver issues [2]. This filing does not itself constitute a cert petition but indicates an active strategy to seek further review.
3. How the waiver finding shapes the legal battlefield
The Second Circuit’s conclusion that presidential immunity was waived by Trump's failure to assert it timely has immediate procedural and substantive consequences because it narrows the set of appellate arguments that remain available absent Supreme Court intervention [1]. By treating timeliness and waiver as dispositive, the appellate court avoided resolving whether absolute presidential immunity could shield a president from civil liability for alleged pre- or post-office personal misconduct, leaving that constitutional question for potential Supreme Court review if certiorari is granted [1]. The waiver finding also affects enforcement and collection strategies tied to the $83.3 million judgment, because remedies depend on whether the judgment becomes final or is stayed pending further review.
4. What the extension request tells us about litigation strategy and timing
The application to the Supreme Court for an extension until November 10, 2025, reflects a deliberate litigation posture aimed at preserving appellate options while the parties and their counsel assess prospects for reversal or further appeal [2]. Seeking extra time often signals that the applicant is weighing complex constitutional questions, considering the political and practical implications of Supreme Court involvement, and preparing detailed petitions grounded in the circuit decision’s legal holdings, such as the waiver analysis and the scope of any presidential immunity claim [2]. The extension request is procedural and does not indicate how the Supreme Court will rule on whether to hear the case; it simply keeps that possibility open.
5. The immediate practical picture and what to watch next
With the Second Circuit affirming the judgment and the extension request pending, the near-term status is an affirmed $83.3 million award subject to potential Supreme Court review if the extension is granted and a certiorari petition is filed [1] [2]. The critical next steps to monitor are whether the Supreme Court allows the extension, whether a cert petition is actually filed within any extended deadline, and whether the Court decides to grant review—each action would materially change the case’s trajectory. The current record therefore combines a substantial appellate victory for Carroll with an active procedural effort by Trump to secure more time to pursue further review, framing a legal contest that may ultimately reach the nation’s highest court [1] [2].