Third Circuit Rejects Rehearing in Habba Case, Leaving Disqualification Ruling Intact

The order keeps in place the panel’s finding that the 120‑day limit bars Alina Habba from serving, setting up a likely emergency appeal to the Supreme Court.

Overview

By a majority vote, the 3rd U.S. Circuit Court of Appeals declined en banc review, leaving the panel decision that Habba’s service became unlawful after her interim term expired.
Three judges favored rehearing, Judge Jennifer Mascott is expected to publish a dissent, and Judge Emil Bove did not participate in the vote.
Judge D. Michael Fisher’s opinion emphasized the statute’s bright line around nomination timing, writing that later withdrawal does not erase a submitted nomination.
Habba resigned following the panel ruling but stated under oath she intends to return if a higher court reverses the decision.
The ruling fits a broader pattern in which courts have disqualified other Trump-aligned interim U.S. attorneys, prompting resignations, office reshuffling, and case dismissals in districts including Virginia, California, Nevada, and New York.