The legal fight over Donald Trump ally Alina Habba's role as New Jersey's top federal prosecutor is heading toward what could be a significant Supreme Court battle over presidential appointment powers.
Trump Administration's Battle Over U.S. Attorney Appointments Heads to Supreme Court
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Court Stands Firm on Appointment Limits
On Monday, the U.S. Court of Appeals for the 3rd Circuit declined to reconsider its earlier decision removing Habba from her position. The court found that Habba was unlawfully serving as U.S. attorney after her 120-day interim term expired, and the panel judges who decided the case didn't seek rehearing. A majority of the full court voted against reviewing it.
Here's where it gets interesting. The Trump administration tried some creative maneuvering to keep Habba in office, including withdrawing her nomination and then renaming her as acting U.S. attorney. The three-judge panel wasn't having it.
Plain Text Versus Creative Workarounds
Judge D. Michael Fisher, writing for the panel, acknowledged that the administration has been "frustrated by some of the legal and political barriers to getting its appointees in place." But he said the strategy conflicted with the statute's "plain text," according to The Hill.
"There is a time before 'the President submits a nomination,' and there is a time after," Fisher wrote. Translation: you can't just withdraw a nomination and pretend it was never submitted to reset the clock.
The Justice Department pushed back hard, arguing the ruling imposed "atextual limits" on presidential authority and calling the issue one of "exceptional importance." Habba resigned after the ruling but has said she intends to return if a higher court rules in her favor.
The Backstory: Judges Versus the White House
This whole saga started when federal judges chose Desiree Leigh Grace over Habba for the permanent prosecutor role in New Jersey. Trump had appointed Habba as interim U.S. attorney in March, but when judges declined to make her permanent, Attorney General Pam Bondi dismissed Grace from the position.
Bondi made clear the administration's stance, saying the Justice Department wouldn't tolerate "rogue judges" who threatened presidential authority. Grace had previously served as Habba's first assistant, and Habba's 120-day interim term had ended while she awaited Senate confirmation.
Now the question is whether the Supreme Court will take up this fight over how much flexibility presidents have with temporary appointments when the Senate confirmation process bogs down.
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