A federal appeals court has delivered a major legal setback to the administration by unanimously upholding a lower court ruling that disqualified Alina Habba from serving as the acting U.S. Attorney for the District of New Jersey. The decision from the U.S. Court of Appeals for the 3rd Circuit affirmed that the former personal lawyer to President Trump has been unlawfully serving in the top federal law enforcement position since her initial temporary term expired in July 2025. The ruling marks a significant judicial check on the administration’s strategy of using novel legal maneuvers to install officials into key roles without the required Senate confirmation.
The disqualification stems from a complex legal challenge focused on the Federal Vacancies Reform Act (FVRA) and other statutory limits on temporary appointments. Habba’s authority was challenged by defendants in federal criminal cases who argued she lacked the legal power to prosecute them after her initial 120 day interim appointment expired. When her term ended, federal judges voted to install her deputy, a career prosecutor, but this was swiftly met with pushback from the Attorney General, who fired the deputy and reinstated Habba, citing the President's authority and a separate appointment under a federal statute allowing the designation of a First Assistant U.S. Attorney.
The 3rd Circuit panel firmly rejected the administration’s convoluted argument, finding that the series of appointments and maneuvers designed to keep Habba in the role unlawfully circumvented both the FVRA and the Constitutional process of presidential appointment and Senate confirmation. The judges noted that the administration’s broad interpretation would essentially allow the Justice Department to bypass federal law and appoint anyone to hold a U.S. Attorney position indefinitely without being confirmed by the Senate. The court emphasized that the citizens of New Jersey and the employees of the U.S. Attorney’s Office deserve clarity and stability, calling the situation untenable.
The impact of this ruling is twofold. First, it immediately removes Habba from the role of the chief federal law enforcement officer in New Jersey. Second, it creates uncertainty for all federal cases handled by the office since July, when the lower court first ruled her appointment unlawful. While the district judge’s initial order did not dismiss the indictments, it did disqualify Habba from participating in ongoing cases and warned that her actions taken since July could be invalidated, though that specific consequence was paused pending the appeal. Legal experts suggest the ruling will inevitably challenge the office's ability to maintain its case load and may lead to further challenges from defense lawyers in other jurisdictions where the administration has made similar controversial temporary appointments.
Looking ahead, the Justice Department is expected to review the decision and may choose to appeal to the Supreme Court to challenge the appellate court's interpretation of the FVRA. Regardless of the next legal step, the unanimous decision establishes a clear appellate precedent that will significantly constrain the administration’s attempts to bypass the Senate confirmation process for U.S. Attorney posts across the country. For Habba, who had been an outspoken advocate for the President and had brought high profile cases, the ruling concludes her controversial tenure as New Jersey's top federal prosecutor.
