Overview
- A Third Circuit panel in Philadelphia heard arguments and signaled skepticism, with Judge D. Brooks Smith calling the government's theory "a complete circumvention of the Appointments Clause."
- A district judge ruled in August that Habba's service after her 120-day interim term was unlawful and said actions taken since July could be voided, but stayed the order during the appeal.
- DOJ lawyer Henry Whitaker defended using the first‑assistant statute and delegated authority from the attorney general, while acknowledging he could not cite a comparable U.S. attorney example.
- Defendants in New Jersey cases brought the challenge, and a ruling could force dismissals or refilings that would immediately affect prosecutions supervised by Habba.
- Similar disputes in Nevada and challenges involving other unconfirmed appointees, including in the Eastern District of Virginia, heighten the stakes beyond New Jersey, and the appeals court has not yet issued a decision.