Supreme Court rules against Roy Moore on $8.2M award
The U.S. Supreme Court on Monday declined Roy Moore's emergency bid to preserve an $8.2 million defamation jury award against the Senate Majority PAC. Justice Clarence Thomas denied the former Alabama chief justice's request to pause an Eleventh Circuit ruling that overturned the verdict, allowing the appellate mandate to vacate Moore's win and release the bond securing damages. The decision is a sharp setback for Moore as he pursues further Supreme Court review of the long-running political defamation fight.
Key Takeaways
- Justice Clarence Thomas denied Roy Moore's emergency application to stay the Eleventh Circuit mandate while Moore seeks full Supreme Court review.
- A federal jury had awarded Moore $8.2 million after finding the Senate Majority PAC defamed him with "actual malice" over a 2017 campaign ad.
- The Eleventh Circuit reversed that verdict, throwing out the jury's finding that the PAC published the ad with actual malice under New York Times v. Sullivan.
- Without a stay, the mandate can instruct the lower court to vacate Moore's win and release the bond guaranteeing payment of the award.
- Moore argued that if the mandate took effect first, his judgment would be "lost as a practical matter" before the justices could decide whether to hear his appeal.
What Did the Supreme Court Decide Against Roy Moore?
The Supreme Court rebuffed Moore's plea to preserve his defamation win, declining to pause the Eleventh Circuit's decision while he pursued review. A court spokesperson confirmed to Bloomberg Law that Justice Thomas denied the emergency petition on Monday.
Moore had asked the justices to block the appellate mandate — the formal order that lets the Eleventh Circuit's ruling take effect. He warned that the $8.2 million bond securing his jury award could be released before the Supreme Court could determine whether to grant full review, as SCOTUSblog reported when he filed the application.
Thomas, who handles emergency matters from the Eleventh Circuit, left Moore without the temporary protection he sought. The mandate is now cleared to instruct the district court to vacate the jury's judgment and allow release of the bond.
Why Did the Eleventh Circuit Overturn the Jury Verdict?
The dispute traces to Moore's 2017 Republican Senate campaign in Alabama, which he lost to Democrat Doug Jones. The Senate Majority PAC, whose mission is to protect and expand Democratic seats in the U.S. Senate, ran a television ad citing news reports about Moore's alleged conduct.
Moore sued, contending the ad falsely portrayed him as a man who solicited sex from a fourteen-year-old girl. A jury sided with Moore, finding the PAC published that falsehood with "actual malice" — the standard for proving defamation under the Supreme Court's landmark 1964 decision in New York Times v. Sullivan. The jury awarded $8.2 million in compensatory damages.
The Eleventh Circuit threw out that verdict on appeal, undoing the jury's finding that the super PAC had acted with actual malice when it published the campaign advertisement.
What Happens Next for Roy Moore's Defamation Case?
Monday's ruling does not necessarily end Moore's legal fight, but it removes a critical safeguard. With the stay denied, the pathway is open for the lower court to undo his trial victory and free the bond posted to guarantee any payout.
Moore filed the emergency application while seeking full Supreme Court review of the Eleventh Circuit decision. He told the justices that without a pause, the judgment he won at trial could disappear before the court could even decide whether to take his case.
High-stakes defamation battles involving public figures and political advertising continue to test how courts apply First Amendment protections in the digital campaign era. For more coverage of how law and technology intersect, see our Future Tech & AI Wonders section.