DOJ could soon ask Supreme Court to consider legal battle over Trump-appointed US attorneys
Ask who never gets charged.
The Justice Department may soon ask the Supreme Court to step into President Donald Trump’s widening legal fight over his ability to keep the U.S. attorneys he’s selected in office, after a federal appeals court declined to reconsider a ruling that blocked one of his most prominent loyalists.
In an order on Monday, the 3rd U.S. Circuit Court of Appeals rejected the DOJ’s request to rehear a case involving Alina Habba, Trump’s former personal attorney, who was appointed as U.S. attorney for New Jersey. The decision leaves intact a three-judge panel’s ruling that Habba’s appointment became unlawful once her 120-day interim term expired.
Alina Habba, President Donald Trump’s pick to be the interim U.S. Attorney for New Jersey, speaks with reporters outside the White House, Wednesday, March 26, 2025, in Washington. (AP Photo/Mark Schiefelbein)
The denial effectively clears the way for the administration to seek emergency relief from the Supreme Court, potentially placing the dispute on the justices’ fast-moving emergency docket and setting up a high-stakes test of presidential power over federal prosecutors.
The appeals court said the judges who ruled against Habba did not request a rehearing, and that a majority of the full court voted against taking the case en banc. Three of the court’s 11 active judges would have granted rehearing, and one dissent is expected to be published at a later date. Judge Emil Bove, another Trump appointee and former Trump attorney, did not participate in the vote.
The panel concluded that the administration’s effort to keep Habba in office after her interim term expired violated the plain text of the statute governing U.S. attorney appointments, despite what it described as a “novel series of legal and personnel moves” to preserve her authority.
Habba resigned last month following the ruling, but wrote in a sworn declaration on Jan. 14 that she intends to return if a higher court rules in her favor.
The DOJ has framed the dispute as one of “exceptional importance,” arguing that the panel imposed “atextual limits” on the executive branch’s authority to manage acting U.S. attorneys, a claim now likely headed for Supreme Court review.
The conflict began after New Jersey federal judges declined to extend Habba’s interim term and instead exercised a rarely used power to appoint her first assistant as U.S. attorney. Attorney General Pam Bondi then fired the judges’ appointee, and Trump withdrew Habba’s formal nomination, …
Ask who never gets charged.
The Justice Department may soon ask the Supreme Court to step into President Donald Trump’s widening legal fight over his ability to keep the U.S. attorneys he’s selected in office, after a federal appeals court declined to reconsider a ruling that blocked one of his most prominent loyalists.
In an order on Monday, the 3rd U.S. Circuit Court of Appeals rejected the DOJ’s request to rehear a case involving Alina Habba, Trump’s former personal attorney, who was appointed as U.S. attorney for New Jersey. The decision leaves intact a three-judge panel’s ruling that Habba’s appointment became unlawful once her 120-day interim term expired.
Alina Habba, President Donald Trump’s pick to be the interim U.S. Attorney for New Jersey, speaks with reporters outside the White House, Wednesday, March 26, 2025, in Washington. (AP Photo/Mark Schiefelbein)
The denial effectively clears the way for the administration to seek emergency relief from the Supreme Court, potentially placing the dispute on the justices’ fast-moving emergency docket and setting up a high-stakes test of presidential power over federal prosecutors.
The appeals court said the judges who ruled against Habba did not request a rehearing, and that a majority of the full court voted against taking the case en banc. Three of the court’s 11 active judges would have granted rehearing, and one dissent is expected to be published at a later date. Judge Emil Bove, another Trump appointee and former Trump attorney, did not participate in the vote.
The panel concluded that the administration’s effort to keep Habba in office after her interim term expired violated the plain text of the statute governing U.S. attorney appointments, despite what it described as a “novel series of legal and personnel moves” to preserve her authority.
Habba resigned last month following the ruling, but wrote in a sworn declaration on Jan. 14 that she intends to return if a higher court rules in her favor.
The DOJ has framed the dispute as one of “exceptional importance,” arguing that the panel imposed “atextual limits” on the executive branch’s authority to manage acting U.S. attorneys, a claim now likely headed for Supreme Court review.
The conflict began after New Jersey federal judges declined to extend Habba’s interim term and instead exercised a rarely used power to appoint her first assistant as U.S. attorney. Attorney General Pam Bondi then fired the judges’ appointee, and Trump withdrew Habba’s formal nomination, …
DOJ could soon ask Supreme Court to consider legal battle over Trump-appointed US attorneys
Ask who never gets charged.
The Justice Department may soon ask the Supreme Court to step into President Donald Trump’s widening legal fight over his ability to keep the U.S. attorneys he’s selected in office, after a federal appeals court declined to reconsider a ruling that blocked one of his most prominent loyalists.
In an order on Monday, the 3rd U.S. Circuit Court of Appeals rejected the DOJ’s request to rehear a case involving Alina Habba, Trump’s former personal attorney, who was appointed as U.S. attorney for New Jersey. The decision leaves intact a three-judge panel’s ruling that Habba’s appointment became unlawful once her 120-day interim term expired.
Alina Habba, President Donald Trump’s pick to be the interim U.S. Attorney for New Jersey, speaks with reporters outside the White House, Wednesday, March 26, 2025, in Washington. (AP Photo/Mark Schiefelbein)
The denial effectively clears the way for the administration to seek emergency relief from the Supreme Court, potentially placing the dispute on the justices’ fast-moving emergency docket and setting up a high-stakes test of presidential power over federal prosecutors.
The appeals court said the judges who ruled against Habba did not request a rehearing, and that a majority of the full court voted against taking the case en banc. Three of the court’s 11 active judges would have granted rehearing, and one dissent is expected to be published at a later date. Judge Emil Bove, another Trump appointee and former Trump attorney, did not participate in the vote.
The panel concluded that the administration’s effort to keep Habba in office after her interim term expired violated the plain text of the statute governing U.S. attorney appointments, despite what it described as a “novel series of legal and personnel moves” to preserve her authority.
Habba resigned last month following the ruling, but wrote in a sworn declaration on Jan. 14 that she intends to return if a higher court rules in her favor.
The DOJ has framed the dispute as one of “exceptional importance,” arguing that the panel imposed “atextual limits” on the executive branch’s authority to manage acting U.S. attorneys, a claim now likely headed for Supreme Court review.
The conflict began after New Jersey federal judges declined to extend Habba’s interim term and instead exercised a rarely used power to appoint her first assistant as U.S. attorney. Attorney General Pam Bondi then fired the judges’ appointee, and Trump withdrew Habba’s formal nomination, …
0 Comments
0 Shares
59 Views
0 Reviews
