E. Jean Carroll’s lawyers have asked the Supreme Court to decline review of Donald Trump’s appeal of a $5 million civil judgment finding he sexually abused and defamed her. Trump contends the trial court erred by admitting evidence such as the 'Access Hollywood' tape and claims a circuit split justifies review. Carroll’s team counters that the petition misstates facts, lacks a genuine circuit split, and fails to show any error harmed Trump’s substantial rights. The justices will decide whether four will vote to hear the case after any reply brief is filed.
E. Jean Carroll Urges Supreme Court To Decline Review Of Trump’s Appeal Over $5M Verdict
Supreme Court justices returned to the bench this week for arguments on high-profile issues, including bans on transgender women and girls in sports, and issued three opinions — one dissent warned could open the “floodgates” to election-related suits. Absent from this batch was the long-anticipated tariffs decision.
Carroll Opposes Supreme Court Review
Behind those headline matters, litigation over Donald Trump’s civil liability for sexual abuse continued. Trump is seeking Supreme Court review of a $5 million judgment handed down by a New York jury that found he sexually abused and defamed writer E. Jean Carroll. On Wednesday, Carroll’s lawyers filed an opposition brief asking the justices not to take up the case.
What Trump Argues
Trump’s petition contends the appeal raises an “important question of federal law,” centered on whether the trial judge improperly admitted certain evidence — most notably the so-called 'Access Hollywood' tape in which he was recorded boasting about grabbing women. His team says the 2nd U.S. Circuit Court of Appeals’ decision to allow that evidence conflicts with other federal circuits, creating the kind of split the Supreme Court typically steps in to resolve.
What Carroll Says
Carroll’s lawyers reject that framing both factually and legally. They contend Trump’s petition rests on a “misstatement of fact,” and they recount the jury’s findings about the 1996 incident in a department-store dressing room. Legally, they argue there is no genuine circuit split and fault Trump’s lawyers for not challenging the 2nd Circuit’s conclusion that any alleged evidentiary error did not affect his “substantial rights.” They call that omission a “fatal defect” in his petition.
E. Jean Carroll on Oct. 25, 2025 in Montclair, NJ.(Manny Carabel / Getty Images)
What Happens Next
Trump’s attorneys may file a reply brief to press their arguments. The Supreme Court will then decide whether at least four justices will vote to grant review. If four justices agree, the court will take the case; otherwise the lower-court judgment stands.
Court Calendar And Wider Context
Next week the justices will hear arguments on gun-related issues and on the independence of the Federal Reserve, including Trump’s bid to remove Fed Governor Lisa Cook. Recent reporting about a Justice Department inquiry into Fed Chair Jerome Powell — characterized by some as dubious — is unlikely to help the administration given the court’s demonstrated interest in protecting the Fed’s independence.
The court also indicated it will release at least one more opinion on Tuesday from cases argued this term, so observers will be watching for the tariffs ruling or other outstanding decisions.
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