Sarah Palin’s Trial Against New York Times Delayed After She Tests Positive For Covid

Topline

Former Alaska Gov. Sarah Palin—who recently said she would only get vaccinated “over my dead body”—tested positive for Covid-19 on Monday, the judge in her defamation case against the New York Times announced, delaying the start of the trial as jury selection was due to begin.

Former Alaska Gov. and 2008 Republican party vice presidential nominee Sarah Palin addresses the audience at the 2016 Western Conservative Summit in Denver, Colorado, on July 1, 2016. AFP via Getty Images

Key Facts

U.S. District Judge Jed Rakoff said Palin tested positive as the trial was set to get under way on Monday.

Palin “is, of course, unvaccinated,” Rakoff noted.

Palin then took another rapid antigen test, and Rakoff said it was reasonable to determine after three tests that Palin has Covid-19 and the trial should be delayed.

The trial is likely delayed until February 3, assuming that Palin is asymptomatic or has only minor symptoms.

Palin’s legal team has said she insists on attending the trial in person, rather than remotely.

What To Watch For

Rakoff said Palin will be cleared by the court at the Southern District of New York to take part in the trial if she is asymptomatic. If she has mild symptoms, Palin will have to consult with the court’s doctor to determine whether she can participate. “I think the chances are reasonably good that we will start on February 3,” Rakoff said. If the trial can’t start on February 3, however, Rakoff said Monday the trial could potentially be delayed for months.

Tangent

Palin has been outspoken about her refusal to get vaccinated, saying in December, “It’ll be over my dead body that I’ll have to get a shot. I will not do it.” The ex-governor had already previously contracted Covid-19 in March 2021.

Key Background

Palin has sued the Times for defamation based on an op-ed it published in 2017, which inaccurately alleged her political action committee “incited” the 2011 mass shooting that wounded former Rep. Gabby Giffords (D-Ariz.). Though the Times later corrected the piece, the GOP ex-governor alleged the publication knowingly published the false claim with “actual malice” because “stories attacking Gov. Palin inflame passions, which drives viewership and Web clicks,” which the Times denies.

Further Reading

Sarah Palin v. New York Times Spotlights Push to Loosen Libel Law (New York Times)

Sarah Palin set to battle New York Times at defamation trial (Reuters)

Sarah Palin Denounces Getting Covid-19 Vaccine, Says ‘Over My Dead Body’ (Forbes)