Philadelphia, PA – A three-judge panel has ruled that Alina Habba cannot serve as the acting U.S. attorney for New Jersey. The ruling was issued on Monday by the 3rd U.S. Circuit Court of Appeals.
In a unanimous opinion, the court determined that Habba was disqualified from leading certain cases. The judges argued that the Trump administration’s efforts to position preferred candidates in U.S. attorney roles bypassed necessary Senate confirmation.
Habba later resigned from her position.
Senior U.S. Circuit Judge D. Michael Fisher emphasized the requirement for clarity and stability in the appointment of U.S. attorneys. The ruling specifically stated that the role requires a Senate-confirmed officer, and Congress has shown a desire for an experienced individual to step in during vacancies.
The panel found that Habba was not the first assistant when the vacancy arose and could not serve in the acting role. The judges highlighted that Habba’s dual title as a special attorney, granted by Bondi, did not confer the necessary authority to fulfill the duties of the U.S. attorney.
The court addressed the government’s argument that Habba qualified as the acting U.S. attorney. The judges ruled that a nominee who has not been confirmed by the Senate cannot assume acting duties after their nomination is withdrawn.
The ruling also criticized the delegation of powers to Habba through her special attorney title, which the court found inconsistent with statutory requirements. The judges concluded that allowing rejected nominees to serve as acting officers undermines separation of powers.
In a previous ruling, Chief U.S. District Judge Matthew Brann had disqualified Habba from certain cases due to similar concerns regarding her appointment’s legality.
After the Trump administration withdrew Habba’s nomination, she was appointed as a special attorney by Bondi. This decision was met with legal challenges following the expiration of her interim term.
The court’s ruling leaves the Department of Justice with options to seek en banc rehearing or escalate the matter to the U.S. Supreme Court. The appellate judges were not convinced by the administration’s claims about the impact of the ruling on government functionality.
The 3rd Circuit’s opinion emphasized the need for adherence to statutory limitations and Congress’ intent regarding acting officers. The court indicated that allowing a non-confirmed nominee to fill the role indefinitely would contravene established procedures and principles.
The panel’s decision mandates that Habba’s appointment as acting U.S. attorney does not comply with legal requirements, reinforcing the necessity for Senate confirmation in such appointments.
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