A federal appeals court on Monday upheld a ruling barring Alina Habba, President Trump’s former personal lawyer, from serving as acting U.S. attorney in New Jersey.
The 3rd U.S. Circuit Court of Appeals unanimously found that Habba’s appointment violated the Federal Vacancies Reform Act, siding against the Trump administration’s attempt to install temporary U.S. attorneys without Senate confirmation.
Federal appeals court rules Alina Habba, Trump's former personal lawyer, is unlawfully serving as the US attorney for New Jersey.https://t.co/XJJl3IVP5t pic.twitter.com/qrcvVnyXJY
— CNN (@CNN) December 1, 2025
The case began when three criminal defendants challenged Habba’s authority, prompting a lower court to rule in August that she had been serving unlawfully since July.
The appeals court agreed, warning that the administration’s maneuver would allow officials to bypass constitutional checks and place virtually anyone in the powerful role indefinitely.
🚨 BREAKING: In an infuriating development, activist judges have just DISQUALIFIED Alina Habba as U.S. Attorney in New Jersey.
— Eric Daugherty (@EricLDaugh) December 1, 2025
The Senate GOP is making this WORSE by refusing to surge her confirmation past Democrats, letting them stonewall her nomination.
FIX IT, SENATE GOP! pic.twitter.com/ItTat1n5ic
The opinion also highlighted a broader pattern. Courts have pushed back on similar temporary appointments in other states, including a recent ruling dismissing charges brought by another unlawfully appointed prosecutor.
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TIPP Staff
