Overview
- Justice Clarence Thomas rejected Roy Moore’s emergency application on Monday, so the appeals-court decision overturning the jury award takes effect while Moore pursues further review.
- A federal jury had awarded Moore $8.2 million in 2022 over a 2017 campaign ad that he said falsely portrayed him as soliciting sex from a 14-year-old.
- Moore has signaled he will file a petition asking the full Supreme Court to restore the verdict and halt the appeals-court reversal.
- The Democratic-aligned Senate Majority PAC opposed a stay, arguing the Supreme Court is unlikely to grant review and saying the group can satisfy any judgment, which undercut Moore’s urgency argument.
- The case spotlights the New York Times Co. v. Sullivan ‘actual malice’ standard and reflects interest from Justices Thomas and Neil Gorsuch in revisiting that doctrine even though four votes for full-court review have not yet materialized.