3rd Circuit disqualifies Alina Habba as N.J. U.S. attorney
The U.S. Court of Appeals for the 3rd Circuit unanimously upheld a lower-court ruling disqualifying Alina Habba as acting U.S. attorney in New Jersey, finding her appointment unlawful under the Federal Vacancies Reform Act after a challenge by three criminal defendants and an August ruling by U.S. District Judge Matthew Brann. A three-judge panel—D. Brooks Smith, D. Michael Fisher (who authored the 32‑page opinion), and Luis Felipe Restrepo—criticized the administration’s appointment maneuver as effectively permitting “anyone to fill the U.S. Attorney role indefinitely,” and said the decision is the first federal appeals-court ruling to address the broader scheme for installing temporary U.S. attorneys without Senate confirmation.
đź“Ś Key Facts
- The 3rd U.S. Circuit Court of Appeals issued a unanimous 3-0 decision disqualifying Alina Habba as acting U.S. attorney in New Jersey; the panel comprised Judges D. Michael Fisher (opinion author), D. Brooks Smith and Luis Felipe Restrepo (two judges appointed by Republicans, one by a Democrat).
- The challenge was brought by three criminal defendants in New Jersey who sued under the Federal Vacancies Reform Act (FVRA) and sought dismissal of their indictments; the appeals court disqualified Habba after that FVRA-based challenge.
- U.S. District Judge Matthew Brann had earlier ruled in August that Habba had been serving without lawful authority since early July, ordered her disqualified from ongoing cases, and said actions taken since July could be invalidated; that order was stayed pending appeal.
- The appeals court issued a 32-page opinion criticizing the administration’s appointment maneuvers, warning the government’s workaround would "effectively permit anyone to fill the U.S. Attorney role indefinitely," and calling for "clarity and stability" in the U.S. Attorney’s Office.
- Oral arguments in the appeals case were held Oct. 20 in Philadelphia and Habba personally attended.
- The ruling is the first federal appeals court decision to weigh in on the administration’s broader scheme for installing temporary U.S. attorneys without Senate confirmation.
- The decision comes amid parallel disputes around the country, including a Nevada disqualification fight and recent dismissals in the Eastern District of Virginia tied to an unlawfully appointed interim U.S. attorney.
đź“Š Relevant Data
Democratic Senators Cory Booker and Andy Kim refused to return a blue slip for Alina Habba, who was nominated to be U.S. attorney for New Jersey.
Record-setting personnel issues are marring Trump's second term — Politico
As of November 2025, 66 of the 93 U.S. attorneys are serving interim or acting appointments.
Trump Is Picking Unorthodox US Attorneys Mostly in Blue States — Bloomberg Law
Ten months into Trump's second presidential term, 18 of his U.S. attorney nominations have been confirmed, while 26 additional nominations await Senate action.
Trump Is Picking Unorthodox US Attorneys Mostly in Blue States — Bloomberg Law
Former President Joe Biden secured blue slips from opposing parties for 49 nominees, including 27 U.S. attorneys, while Trump's first administration saw fewer such approvals.
Trump nominees squeezed between 'blue slips' and blue obstruction — Fox News
đź“° Sources (4)
- Judge D. Michael Fisher authored the panel opinion disqualifying Alina Habba.
- Opinion language: the government’s workaround would be 'effectively permitting anyone to fill the U.S. Attorney role indefinitely.'
- Panel composition detail: two judges appointed by Republicans and one by a Democrat.
- The panel composition is identified: Judges D. Brooks Smith, D. Michael Fisher, and Luis Felipe Restrepo.
- The court issued a 32-page opinion including language criticizing the administration’s appointment maneuvers and calling for 'clarity and stability' in the U.S. Attorney’s Office.
- Oral arguments occurred Oct. 20 in Philadelphia and Habba personally attended.
- The lower court’s August order stated Habba’s actions since July could be invalidated but was stayed pending appeal.
- AP notes parallel disputes, including a Nevada disqualification fight and recent dismissals in EDVA tied to an unlawfully appointed interim U.S. attorney.
- The 3rd Circuit’s decision was unanimous against the Trump administration.
- The case was brought by three criminal defendants in New Jersey who challenged Habba’s appointment under the Federal Vacancies Reform Act and sought dismissal of their indictments.
- U.S. District Judge Matthew Brann ruled in August that Habba had been serving without lawful authority since early July and ordered her disqualified from ongoing cases.
- This is the first federal appeals court ruling to weigh in on the administration’s broader scheme for installing temporary U.S. attorneys without Senate confirmation.