Alina Habba disqualified: appeals court says New Jersey U.S. attorney appointment violated federal vacancies law

A federal appeals court on Monday, December 1, unanimously ruled that Alina Habba was unlawfully installed as the top federal prosecutor in New Jersey, disqualifying her from the post and faulting the administration’s effort to sidestep Senate confirmation. The decision, released in a 32-page opinion, is the first at the appellate level to address a wave of interim U.S. attorney appointments that bypassed the usual confirmation route—and it could ripple through ongoing cases.

What the court decided and why it matters

The panel concluded that the government’s maneuvering to keep Habba in charge ran afoul of the Federal Vacancies Reform Act and related Justice Department provisions that govern who may serve—and for how long—without Senate consent. Judges noted that district court attempts to extend her authority had already been rebuffed by New Jersey’s federal bench, and that subsequent reassignment tactics did not cure the legal defect.

Immediate effects

• Habba is disqualified from serving as U.S. attorney for the District of New Jersey.

• The Justice Department must install a lawful acting official or accelerate a nomination through the Senate.

• Cases she touched are not automatically voided, but parties may raise challenges where her authority affected key decisions.

The backdrop: rapid rise, political scrutiny, ethical headwinds

Habba, known nationally as a former personal attorney to the president, arrived with scant prosecutorial experience and an overtly political profile that energized supporters and critics alike. Her short tenure drew unusual friction with New Jersey’s legal establishment and an ethics drumbeat over hard-charging public statements and high-visibility investigative announcements. Monday’s ruling doesn’t adjudicate those complaints, but it underscores the judiciary’s unease with an appointment seen as stretching statutory limits.

What changes now for federal cases in New Jersey

While the court stopped short of tossing prosecutions, the opinion invites case-by-case scrutiny where her sign-off or policies might be material. Expect defense filings to test the boundaries in matters authorized or supervised during the disputed period—especially indictments, plea approvals, or policy memos that could be traced directly to her desk.

Inside the office, the practical response is likely straightforward: an experienced career official or a previously designated first assistant takes the helm under clear legal authority. That continuity should stabilize routine filings while the department decides on a permanent path.

Could this go to the Supreme Court?

Yes. The administration can petition for review, framing the issue as a high-stakes test of executive flexibility in staffing key posts when confirmations stall. But appealing carries risks: a broader—and unfavorable—high-court ruling could constrain interim appointments nationwide. The department must weigh potential precedent against the immediate need for clarity in New Jersey.

The bigger picture: vacancies law meets hard politics

The Federal Vacancies Reform Act is designed to balance urgency with oversight: it allows temporary service but caps who can serve and for how long. Monday’s decision signals that creative title shuffles and reassignment loops won’t pass muster when they effectively sidestep the Senate. It also telegraphs to other districts with similar disputes that appellate courts may enforce those guardrails strictly.

Key takeaways for readers

• Ruling: A unanimous appeals court said Alina Habba’s appointment breached federal vacancies rules and disqualified her.

• Scope: The decision does not automatically dismiss cases but opens the door to targeted challenges.

• Next steps: DOJ must name a lawful acting leader and decide whether to seek Supreme Court review or move a fresh nominee through the Senate.

• Signal to other states: The opinion could influence ongoing challenges to interim U.S. attorney appointments elsewhere.

What to watch this week

1. Interim leadership notice: Whether the department swiftly names a career official to stabilize the office.

2. Defense motions: Look for early filings testing indictments or approvals tied to Habba’s tenure.

3. Appeal calculus: Any indication the government will push for Supreme Court review—or accept the ruling and pivot to a new nominee.

The headline is clear and immediate: the appointment has been struck down, and New Jersey’s federal prosecutor’s office now enters a reset phase under lawful, interim leadership while Washington decides whether to fight on or move forward.