Carroll v. Trump

── Carroll v. Trump ── Court: Court of Appeals for the Second Circuit Date: April 29, 2026 Category: General 24-644 Carroll v. Trump UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 29th day of April, two thousand twenty-six. Present: DEBRA ANN LIVINGSTON, Chief Judge, RAYMOND J. LOHIER, JR., RICHARD J. SULLIVAN, JOSEPH F. BIANCO, MICHAEL H. PARK, WILLIAM J. NARDINI, STEVEN J. MENASHI, EUNICE C. LEE, BETH ROBINSON, MYRNA PÉREZ, SARAH A. L. MERRIAM, MARIA ARAÚJO KAHN, Circuit Judges. _____________________________________ E. JEAN CARROLL, Plaintiff-Counter-Defendant-Appellee, v. 24-644 DONALD TRUMP, IN HIS PERSONAL CAPACITY, 1  Defendant-Counter-Claimant-Appellant. _____________________________________ For Plaintiff-Counter-Defendant-Appellee: Roberta A. Kaplan (D. Brandon Trice, Maximilian T. Crema, and Avita Anand, on the brief), Kaplan Martin, LLP, New York, NY. For Defendant-Counter-Claimant-Appellant: Justin D. Smith, James Otis Law Group, LLC, St. Louis, MO. Following disposition of this appeal on September 8, 2025, an active judge of the Court requested a poll on whether to rehear the case en banc. A poll having been conducted and there being no majority favoring en banc review, the petitions for rehearing en banc are hereby DENIED. Sarah A. L. Merriam and Maria Araújo Kahn, Circuit Judges, joined by Beth Robinson and Myrna Pérez, Circuit Judges, concur by opinion in the denial of rehearing en banc. Steven J. Menashi, Circuit Judge, joined by Michael H. Park, Circuit Judge, and joined by Debra Ann Livingston, Chief Judge, except as to Part II.E.1, dissents by opinion from the denial of rehearing en banc. Denny Chin, Circuit Judge, filed a statement with respect to the denial of rehearing en banc. Alison J. Nathan, Circuit Judge, took no part in the consideration or decision of the petitions. FOR THE COURT: Catherine O’Hagan Wolfe, Clerk 2 24-644 Carroll v. Trump MERRIAM and KAHN, Circuit Judges, writing jointly, joined by ROBINSON and PÉREZ, Circuit Judges, concurring in the denial of rehearing en banc: We concur in the decision of the majority of the active members of the Court declining to rehear these matters en banc. As our colleague Judge Chin has so clearly explained in his statement, the petitions for rehearing do not point to any conflict created by the panel’s opinions with binding precedent of this Circuit, another Circuit, or the Supreme Court, nor do they persuasively argue that the decisions embodied in our opinions pose a question of exceptional importance sufficient to support en banc review. Likewise, the arguments raised in the opinion dissenting from the denial of en banc review do not support rehearing. We fully adopt the statement of Judge Chin as our concurrence in this matter. 24-644 Carroll v. Trump MENASHI, Circuit Judge, joined by PARK, Circuit Judge, and joined by LIVINGSTON, Chief Judge, except as to Part II.E.1, dissenting from the denial of rehearing en banc: In this case, the panel issued two separate decisions that are each the subject of a petition for rehearing en banc. The first decision rejected the mo