The federal government has petitioned the 3rd U.S. Circuit Court of Appeals to reconsider its previous decision regarding Alina Habba, the president’s former lawyer, and her appointment as acting U.S. attorney for New Jersey.
Legal Challenge and Resignation
In December, Habba resigned from the position following a ruling by a three-panel appeals court that deemed her appointment unlawful. She stated on X (formerly Twitter) that she stepped down “to protect the stability and integrity of the office.” Following her resignation, the Department of Justice assigned three individuals to manage the responsibilities of the office.
Department of Justice Appeal
The DOJ is now seeking a rehearing en banc – a review by the full court – arguing that the initial panel misinterpreted the Federal Vacancies Reform Act (FVRA). The DOJ warns that the panel’s interpretation could disrupt the process by which the executive branch fills vacant, Senate-confirmed positions.
The Core of the Dispute
The appeals court panel determined that Habba was not legally serving as acting U.S. attorney because she was not the first assistant at the time the Senate-confirmed U.S. attorney resigned in January 2025.
What Could Happen Next
If the 3rd U.S. Circuit Court of Appeals reverses its prior decision, Alina Habba has stated she intends to return to her role as the U.S. attorney in New Jersey. Alternatively, the court could uphold its original ruling, potentially leading to a prolonged period of leadership uncertainty within the New Jersey U.S. Attorney’s Office. A further appeal to the Supreme Court is also a possible next step.
Frequently Asked Questions
What prompted Alina Habba’s initial resignation?
Alina Habba resigned as acting U.S. attorney for New Jersey in December following a ruling by a three-panel appeals court that found her appointment was unlawful.
What is the Department of Justice’s argument for reconsideration?
The DOJ argues that the panel misread the Federal Vacancies Reform Act and that its interpretation could disrupt how the executive branch fills vacant, Senate-confirmed positions.
What has Alina Habba said about a potential reversal of the decision?
Alina Habba has stated that if the court reverses its decision, she intends to return to her prior position leading the USAO-NJ.
How might this case influence future presidential transitions and appointments?
