Appeals Court Rules Alina Habba’s Appointment as New Jersey US Attorney Unlawful

A federal appeals court ruled Monday that Alina Habba is unlawfully serving as the top prosecutor in New Jersey, dealing a significant setback to President Donald Trump’s efforts to install loyal appointees in U.S. attorneys’ offices across Democratic-leaning states.

The unanimous decision by a three-judge panel of the U.S. Court of Appeals for the 3rd Circuit upheld a lower court ruling that disqualified Habba, who previously served as Trump’s personal defense attorney in several high-profile cases.

In their ruling, the judges warned that the Trump administration’s argument would “effectively [permit] anyone to fill the U.S. Attorney role indefinitely,” adding that “this should raise a red flag.” The panel consisted of two appointees of former President George W. Bush and one appointee of former President Barack Obama.

The administration now faces a choice between asking for reconsideration by the full 3rd Circuit or appealing directly to the Supreme Court. Neither the Department of Justice nor Habba’s spokesperson has issued a statement responding to the ruling.

During oral arguments in October, the judges expressed skepticism about the administration’s appointment strategy. DOJ lawyer Henry Whitaker had argued that Attorney General Pam Bondi was simply taking advantage of “overlapping mechanisms” provided by Congress to fill the vacancy after Trump fired the court-appointed prosecutor.

“In this case, the executive branch admittedly took a series of precise and precisely timed steps not to evade or circumvent those mechanisms but rather to be scrupulously careful to comply with them,” Whitaker told the court.

One judge, however, characterized the situation as “unusual” and questioned whether there were “serious constitutional implications” to the government’s theory, describing it as “a complete circumvention, it seems, of the appointments clause.”

The challenge to Habba’s appointment came from defendants facing routine federal charges who argued she lacked legal authority to prosecute their cases. They were represented by veteran Washington attorney Abbe Lowell, who has been involved in multiple lawsuits challenging the Trump administration.

Habba’s case represents just one front in a broader legal battle over Trump’s U.S. attorney appointments. Similar challenges are pending against temporary U.S. attorneys Lindsey Halligan in Virginia and Bill Essayli in California. Last week, a federal judge ruled that Halligan was also serving unlawfully, though the administration has pledged to appeal.

The controversy stems from Trump’s strategy to bypass the traditional Senate confirmation process for U.S. attorneys in states with Democratic senators. Under the Senate’s longstanding “blue slip” tradition, home state senators must approve such nominations before they can advance.

New Jersey’s Democratic senators, Cory Booker and Andy Kim, have withheld their approval for Habba, effectively blocking her path to confirmation through normal channels. This practice has become a source of tension between Trump and Senate Judiciary Committee Chairman Chuck Grassley, a Republican from Iowa who has firmly defended the blue slip tradition.

Trump’s frustrations with this process became evident when he recently fired former U.S. Attorney Erik Siebert, suggesting that earning Democratic senators’ approval could be viewed as disqualifying in the administration’s eyes. This stance has created a standoff with the Senate over judicial and prosecutorial nominations in blue states.

The ruling against Habba could have far-reaching implications for the administration’s legal strategy and its ability to place allies in key law enforcement positions across the country, particularly in states represented by Democratic senators.