The U.S. Court of Appeals for the Third Circuit today unanimously upheld a lower court ruling disqualifying Alina Habba from serving as Acting U.S. Attorney for the District of New Jersey. The decision represents a significant setback for the Trump administration's appointment strategy.
In a 32-page opinion authored by Judge D. Michael Fisher, the panel affirmed that Habba's installation violated the Federal Vacancies Reform Act. The court rejected the administration's multistep process to place her in the role without Senate confirmation. Judges D. Brooks Smith and L. Felipe Restrepo joined the ruling.
Habba, a former personal attorney to President Donald Trump, faced challenges from defendants in criminal cases involving drug and gun charges. A district court had previously ruled in August that she served unlawfully, prompting the appeal. While the disqualification stands, the court preserved the underlying indictments.
"It is apparent that Congress intended to impose meaningful limits on the president's ability to fill vacancies," wrote Judge Fisher in the opinion. This ruling may influence similar disputes in other jurisdictions, including California and Nevada.
The administration has not yet indicated plans for an appeal to the Supreme Court. In the interim, the District of New Jersey will proceed under alternative leadership to ensure continuity in federal prosecutions.