Supreme Court declines to hear Roy Moore appeal over $8.2M defamation verdict
In short
The U.S. Supreme Court on Monday declined to hear Roy Moore’s appeal seeking to restore an $8.2 million defamation verdict over a 2017 Senate race ad funded by a Democratic-aligned super PAC. The decision leaves in place an 11th U.S. Circuit Court of Appeals ruling that erased the jury verdict. The case stemmed from ads run by Highway 31, funded by Senate Majority PAC, about misconduct allegations Moore denied.
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The U.S. Supreme Court on Monday declined to hear Roy Moore’s push to restore an $8.2 million defamation verdict over a 2017 Senate race ad funded by a Democratic-aligned super PAC, according to the Associated Press and The Hill. The decision leaves in place the ruling by the 11th U.S. Circuit Court of Appeals that erased the jury’s verdict that Moore had been defamed by the ad. [ 1 , 2 , 3 ]
The case centered on television ads run by Highway 31, a group funded by Senate Majority PAC, during Moore’s 2017 Senate campaign. Moore’s attorneys argued the ad juxtaposed statements and partial quotes from separate news articles that, read together, falsely implied he was accused of soliciting sex from young girls at a shopping mall. They called it a “fabricated accusation, never made by any reporter” that was “broadcast into Alabama homes 533 times in the final days of a United States Senate election,” according to the AP and PBS NewsHour. [ 2 , 3 ]
A federal jury in 2022 agreed with Moore and awarded him $8.2 million in damages. The appeals court vacated the verdict; The Hill reported that a three-judge panel found Moore had failed to meet the “actual malice” standard set by New York Times v. Sullivan, which requires public figures suing for defamation to prove the publisher knew a statement was false or acted with reckless disregard for the truth. Moore’s lawyers had asked the Supreme Court to take another look, writing in their petition that “the repercussions extend far beyond this case,” according to The Hill. [ 1 , 2 , 3 ]
The Supreme Court’s action was a victory for Senate Majority PAC, which funded the ad and argued it was truthful, the AP and PBS NewsHour reported. The decision came months after the court in June rejected Moore’s emergency request to put the 11th Circuit decision on hold while he appealed. The Hill reported the justices turned away that earlier request without explanation. [ 1 , 2 , 3 ]
Moore, a former Alabama chief justice, lost the 2017 Senate race to Democrat Doug Jones after his campaign was rocked by misconduct allegations. The AP and PBS NewsHour reported that Leigh Corfman said Moore inappropriately touched her in 1979 when she was 14 and he was a 32-year-old assistant district attorney, and that other women said Moore dated them or asked them out when they were older teens. Moore has denied the allegations; The Hill reported that one woman said Moore initiated a sexual encounter with her when she was 14 and he was in his 30s. [ 1 , 2 , 3 ]
Why it matters
The outcome ends Moore’s effort to revive the award and leaves in place the 11th Circuit’s application of the “actual malice” standard to political advertising built from excerpts of news reports, which Moore’s lawyers argued had consequences beyond his own case. It is also a legal win for Senate Majority PAC, which funded the ads and argued they were truthful. The dispute dates to a 2017 Senate special election that Moore lost.
Key facts
- The U.S. Supreme Court on Monday declined to hear Roy Moore’s appeal of a lower court decision that vacated an $8.2 million defamation verdict in his favor. [ 1 , 2 , 3 ]
- The 11th U.S. Circuit Court of Appeals had erased the jury’s verdict, and that ruling remains in place. [ 1 , 2 , 3 ]
- An Alabama jury awarded Moore $8.2 million in damages in 2022. [ 1 , 3 ]
- The Supreme Court in June had rejected Moore’s emergency request to put the 11th Circuit decision on hold while he appealed. [ 2 , 3 ]
- The ads were run by Highway 31, a group funded by Senate Majority PAC, during Moore’s 2017 Senate race. [ 1 , 2 , 3 ]
- Moore’s attorneys said the ad juxtaposed partial quotes from separate news articles and called it a “fabricated accusation, never made by any reporter” broadcast 533 times in the final days of the election. [ 2 , 3 ]
- Moore lost the 2017 Senate race to Democrat Doug Jones. [ 1 ]
- Moore has denied the misconduct allegations. [ 1 , 2 , 3 ]
Confirmed by several sources
- The Supreme Court declined to hear Moore’s appeal of the decision vacating the $8.2 million verdict. [ 1 , 2 , 3 ]
- The 11th U.S. Circuit Court of Appeals had vacated the jury’s verdict in Moore’s favor. [ 1 , 2 , 3 ]
- The jury award Moore sought to restore was $8.2 million, issued in 2022. [ 1 , 3 ]
- The Supreme Court rejected an earlier emergency request from Moore to put the 11th Circuit decision on hold; the AP and PBS NewsHour place it in June. [ 1 , 2 , 3 ]
- Senate Majority PAC funded Highway 31, which ran the 2017 ads against Moore. [ 1 , 2 , 3 ]
- Moore denied the misconduct allegations raised during the campaign. [ 1 , 2 , 3 ]
- Senate Majority PAC argued the ad was truthful. [ 2 , 3 ]
Still unclear
- The Supreme Court gave no reason for declining to hear the case. The Hill reports the justices turned away the appeal without explanation; no outlet provides a stated rationale.
- The descriptions of the central allegation differ between outlets. The Hill refers to one woman who said Moore initiated a sexual encounter with her when she was 14 and he was in his 30s; the AP and PBS NewsHour say Leigh Corfman said Moore inappropriately touched her in 1979 when she was 14 and he was 32.
- The full text of the appeals court’s reasoning is not available in all documents. The Hill reports the panel found Moore failed to meet the “actual malice” standard; the AP and PBS NewsHour accounts of that reasoning are truncated.
- No comment from Senate Majority PAC or Moore beyond the filings quoted is included. Documents report the PAC’s argument that the ad was truthful but quote no reaction to Monday’s decision.