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1h ago

Third Circuit Disqualifies Alina Habba as New Jersey’s Acting U.S. Attorney

The court ruled the administration’s appointment scheme violated the Federal Vacancies Reform Act.

Alina Habba, President Donald Trump's pick to be the interim US Attorney for New Jersey, speaks with reporters outside the White House, on March 26, 2025.
Alina Habba on March 28, 2025 in the Oval Office at the White House.
Alina Habba, then newly appointed interim U.S. Attorney for District of New Jersey, speaks to reporters outside the White House on March 24, 2025, in Washington DC.
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Overview

  • A unanimous three-judge panel on the Third Circuit upheld an August ruling that barred Habba from the post.
  • The opinion said the FVRA’s first-assistant rule and nomination bar preclude her service, and it found the attorney general cannot delegate a U.S. attorney’s full powers to her.
  • The panel comprised two judges appointed by George W. Bush and one appointed by Barack Obama.
  • The dispute followed New Jersey trial judges installing a replacement after Habba’s 120-day term ended, after which Attorney General Pam Bondi removed that prosecutor and reinstated Habba.
  • The ruling puts actions she took since July under new scrutiny and fits a broader pushback against similar temporary appointments, and the administration could seek en banc or Supreme Court review.