Federal Appeals Court Blocks Alina Habba as US Attorney for NJ

UPDATE: A federal appeals court has just disqualified Alina Habba from serving as the United States Attorney for New Jersey. The 3rd US Circuit Court of Appeals upheld a lower court ruling that determined her appointment violated the Federal Vacancies Reform Act.

This urgent decision, released today, underscores significant legal challenges surrounding political appointments in the U.S. The court found that Habba, a former personal attorney to President Trump, was improperly positioned for the role after failing to gain Senate confirmation. The ruling clarifies that only the first assistant in place when a vacancy arises can assume the duties of the office under the FVRA.

The 3rd Circuit stated, “Habba is not the Acting U.S. Attorney for the District of New Jersey by virtue of her appointment as First Assistant U.S. Attorney.” Furthermore, the ruling emphasized that the Attorney General’s attempt to delegate powers to her was explicitly prohibited by the FVRA’s exclusivity provision.

This latest development raises questions about future appointments and the legal frameworks guiding them. The implications are profound, as it affects the integrity of the U.S. legal system and how political figures navigate appointment processes.

As of now, the immediate impact of this ruling on Habba’s career is significant. With her nomination by Trump not confirmed, she cannot hold the Acting U.S. Attorney position, leaving the role vacant. The administration’s attempt to sidestep traditional protocols has been emphatically rejected by the court.

Expect reactions from both political figures and legal experts in the coming hours as this ruling reverberates across the political landscape. The case serves as a critical reminder of the importance of adhering to established legal procedures in federal appointments.

Stay tuned for more updates on this developing story as the implications continue to unfold.