A three-judge panel on the 3rd U.S. Circuit Court of Appeals has ruled that Alina Habba, who previously served as President Donald Trump’s personal attorney, was unlawfully installed as U.S. Attorney for the District of New Jersey, as reported [1] by The Gateway Pundit.
The decision, released Monday, upholds a lower court ruling that found the administration did not follow the required appointment process after Senate confirmation efforts stalled.
According to the opinion, the court determined that the administration’s reliance on a sequence of internal maneuvers to place Habba in the role did not meet constitutional requirements.
The panel wrote that “under the Government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely,” concluding that such an interpretation “bypasses the constitutional (appointment and Senate confirmation) process entirely.”
The ruling follows months of litigation stemming from objections first raised by an Obama-appointed district judge who stated Habba was “not lawfully holding the office of United States Attorney.”
Attorney General Pam Bondi filed an appeal shortly afterward, bringing the matter before the 3rd Circuit.
Monday’s decision is the second in two weeks affecting Trump-administration U.S. Attorney appointments.
Last week, a separate appeals panel ruled that Lindsey Halligan, the U.S. Attorney for the Eastern District of Virginia, had also been improperly appointed.
That decision resulted in the dismissal of multiple cases involving former FBI Director James Comey and New York Attorney General Letitia James.
The developments have renewed attention on the Senate confirmation process and the long-standing “blue slip” practice, a Senate custom that allows senators to block federal nominations in their home states.
The administration has criticized the practice, arguing it gives Democratic senators unilateral power to stop presidential selections for U.S. Attorney positions.
President Trump addressed the issue in an August post on X, writing, “I have a Constitutional Right to appoint Judges and U.S. Attorneys, but that RIGHT has been completely taken away from me in States that have just one Democrat United States Senator.”
He added that the “old and outdated ‘custom’ known as a BLUE SLIP” has prevented qualified nominees from advancing, stating that Democratic lawmakers “have done so on numerous occasions” while Republican senators have continued observing the tradition.
President Trump also criticized Senator Chuck Grassley of Iowa, saying Grassley’s adherence to the blue slip process has allowed only Democratic candidates to move through confirmations for key positions.
“Chuck Grassley should allow strong Republican candidates to ascend to these very vital and powerful roles, and tell the Democrats, as they often tell us, to go to HELL!” he wrote.
With the 3rd Circuit’s ruling now in effect, the status of ongoing cases in the District of New Jersey will be reviewed as the administration determines the next steps for filling the vacancy.